Samir Amratlal Shah vs. Amratlal Chunilal Shah

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 30th October, 2023

FOR COMPLIANCE:

7. TP/1903/2022 P. C. : Ms. Mansi Solanki i/b Solicis Lex Advocate for the Petitioner

1. This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short "IS Act") for the properties left by the deceased, namely (1) Amratlal Chunilal Shah and (2) Kumud Amratlal Shah (For short "Said deceased"). The petitioner, namely Samir Amratlal Shah has filed documents such as true copy of the death certificates of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

2. I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the petitioner tendered additional affidavit of petitioner for dispensation of identity proof of the deceased. She has uploaded the same online having document no. EDHCBM02600432023.

3. Said deceased died on 29th day of August 1990 and 03rd November 2015 at Mumbai leaving behind them legal heir, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule. The delay has been explained vide Rule 382 of the Rules.

4. Citation was issued, which has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court(O.S.) Rules, 1980(for short "BHC Rules") and an affidavit to that effect has been filed by the Ld. Advocate for the petitioner. Notice to collector has

been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

5. Petitioner has filed the administration Bond in prescribed form No. 118 with surety. However, in view of order passed by the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond.

6. Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

ORDER

• 1. Petition is allowed and the Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in prescribed format.
• 2. Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.
• 3. The petitioner to file an account as under taken in an Petitioner's Oath within stipulated period. Necessary endorsement be made on the administration Bond, subject to satisfaction of the Department.

30th October, 2023 Officer on Special Duty, with Testamentary Department