Bombay High Court
Sharda Subhash Shinde And Another vs Sunanda Balkrishna Salkar (Deceased) on 26 October, 2021
Author: R. I. Chagla
Bench: R. I. Chagla
TAUSEEF
LAIQUEE 07-TP.1557.2018.doc
FAROOQUI
Digitally signed by
TAUSEEF LAIQUEE
FAROOQUI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2021.10.28
16:48:47 +0530 TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO.1557 OF 2018
Sharda Subhash Shinde & Anr. ...Petitioners
V/S
Sunanda Balkrishna Salkar (Deceased) ...Respondent
Ms. Aarti Deodhar i/by Mr. Yakshay Chedda for Petitioners.
CORAM : R. I. CHAGLA, J.
DATED : 26th OCTOBER, 2021.
P.C. By a praecipe dated 18th October 2021, the advocate for the Petitioners is seeking dispensation of the objection taken by the Registry that surety must be justified for the shares of the non- contesting heirs of the deceased. It is stated that the Petitioners are not in a position to justify the surety for the non-contesting heirs. However, they undertake to indemnify that as and when the property of the deceased at Room No.4/44, 1 st Floor, Sharda Building, Topiwala Lane, Dr. D. B. Marg, Mumbai-400 007 (said property) is sold and/or third party rights are created, appropriate orders will be sought from this Court for sale of the said property and distribution Tauseef 1 of 4 07-TP.1557.2018.doc of the sale proceeds amongst the legal heirs of the deceased described in paragraph 4 of the Petition.
2. The Petitioner is for Letters of administration to the property and credits of the deceased Sunanda Balkrishna Salkar, Hindu, Indian inhabitant of Mumbai. According to Hindu Succession Act, 1956 the next-of-kin are those mentioned in paragraph 4 of the Petition. These include the daughters of the deceased namely Sharma Subhash Shinde and Manisha Dattatraya Sawant and the two sons of the deceased Sitaram Balkrishna Salkar and Arvind Balkrishna Salkar. The husband of the deceased had pre-deceased the deceased. The parents of the deceased, pre-deceased the deceased. Apart from the Petitioners who are the two married daughters of the deceased and two sons of the deceased, there are no other next-of-kin left by the deceased.
3. The citation was served by the Petitioners on the other two heirs of the deceased on 26 th July 2019 by duly affixing on the notice board of this Court as well as the notice board of the Collector's Office, Old Custom House, at Mumbai the original Tauseef 2 of 4 07-TP.1557.2018.doc citation. The original citation has been annexed to the Affidavit of service of citation, which is dated 26th July 2019. No caveat has been filed in response to the service of citation.
4. Office objection has been raised by the Registry that surety must be justified for the shares of the non-contesting heirs of the deceased.
5. The learned counsel for the Petitioners have submitted that their clients are not in a position to justify the surety for non- contesting heirs. However, the Petitioners have undertaken to indemnify the Court office in this behalf. The undertaking to indemnify this Court as and when the said property is sold and/or third party rights are created, appropriate orders will be sought from this Court for sale of the said property and distribution of the sale proceeds amongst the other legal heirs of the deceased described in paragraph 4 of the Petition, is accepted. The requisition of the Testamentary Department in respect of providing justified surety is accordingly dispensed with.
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07-TP.1557.2018.doc
6. The Testamentary Department shall now proceed with the issuance of the grant.
7. The praecipe dated 18th October 2021 is disposed of.
(R. I. CHAGLA, J.)
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