You are on page 1of 6

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

TESTAMENTARY AND INTESTATE JURISDICTION

PETITION NO. OF 2019

Petition for Letters of Administration to

the property and credits of Kantabai

Dattatraya Tikone alias K.D.Tikone,

Hindu, Indian Inhabitant of Mumbai,

Widow, Occupation: Housewife, who was

residing at the time of his death at

9/658, Abhyudaya Nagar “Audumber”

Co.op. Hsg.Society Ltd Abhyudaya Nagar,

G.D.Ambekar Marg,Tank Road, Cotton

Green (West), Mumbai-400033

……………………...……….………..Deceased

1. Sharda Prakash Yadav nee Sharda )

Dattatraya Tikone )
)
Age 58 years, Occupation: Housewife, )
)
Hindu, Indian Inhabitant of Thane,
)
Residing at C-301, Mitravinda, )

Shrikrishna Complex, Shivaji Colony )


)
Road, Kalyan (E), Thane-421306,
)
2. Trupti Chandrakant Salvi nee Sulbha )
)
Dattatraya Tikone,
)
………...Petitioners
Age 56 years, Occupation: Housewife, )

Hindu, Indian Inhabitant of Mumbai,

Residing at 9/671, Abhyudaya Nagar,


2

G.D.Ambekar Marg,Tank Road, Cotton

Green (West), Mumbai-400033

3. Suresh Dattatraya Tikone,

Age 60 years, Occupation: __________,

Hindu, Indian Inhabitant of Mumbai

Residing at 9/658, Abhyudaya Nagar,

G.D.Ambekar Marg,Tank Road, Cotton

Green (West), Mumbai-400033

4. Sunil Dattatraya Tikone

Age 54 years, Occupation: ________,

Hindu, Indian Inhabitant of Thane,

Residing at 35/625, Kannamwar Nagar

No.1 Vikhroli East, Mumbai-400083, all

being the Daughter & Son respectively of

the deceased above named.

TO,

THE HON’BLE THE CHIEF JUSTICE AND OTHER

HON’BLE JUDGES OF THE HON’BLE COURT

THE HUMBLE PETITION OF THE

PETITIONERS ABOVENAMED

MOST RESPECTFULLY SHEWETH:

That the abovenamed Kantabai Dattatraya Tikone alias


1.
K.D.Tikone died at Mumbai on or about the 19 th day of July,

2015. Hereto annexed and marked as Exhibit-“A” is copy of the

death certificate of deceased.

That the said deceased at the time of her death had a fixed place
2.
of abode at /658, Abhyudaya Nagar “Audumber” Co.op.
3

Hsg.Society Ltd, Abhyudaya Nagar, G.D.Ambekar Marg, Tank

Road, Cotton Green (West), Mumbai-400033 and/or left property

within Greater Mumbai and in the State of Maharashtra.

That the said deceased died intestate and that due and diligent
3.
search has been made for a will but none has been found.

That the said deceased left her surviving as her only heirs and
4.
next-of-kins according to Hindu Succession Act, 1956 the

following persons who are residing at the addresses set out

against their respective names:

Sr. Name and address of the heirs & Age Exact


No. next of kins of the deceased. (year) relationship
with the
deceased
1 Sharda Prakash Yadav nee 58 Married
Sharda Dattatraya Tikone Daughter
Residing at C-301, Mitravinda,
Shrikrishna Complex, Shivaji
Colony Road, Kalyan (E), Thane-
421306
(The Petitioners No.1 herein)

2 Trupti Chandrakant Salvi nee 56 Married


Sulbha Dattatraya Tikone Daughter

Residing at 9/671, Abhyudaya


Nagar, G.D.Ambekar Marg,Tank
Road, Cotton Green (West),
Mumbai-400033
(The Petitioners No.2 herein)
3 Suresh Dattatraya Tikone 60 Son

Residing at 9/658, Abhyudaya


Nagar, G.D.Ambekar Marg,Tank
Road, Cotton Green (West),
Mumbai-400033
4

(The Petitioners No.3 herein)


4 Sunil Dattatraya Tikone 54 Son

Residing at 35/625, Kannamwar


Nagar No.1 Vikhroli East,
Mumbai-400083
(The Petitioners No.4 herein)

The husband of the deceased viz. Dattatraya Sahadeo Tikone

died on 29/01/2002, hereto annexed and marked as Exhibit-B

is a copy of his death certificate. The deceased had no other son

and daughter The said deceased left no other heirs, save and

except those mentioned herein above.

That the Petitioners as daughter & son respectively of the


5.
deceased claims to be entitled to 1/4 th share each in the estate

left by the deceased.

The Petitioners have truly set forth in schedule No-I, hereto


6.
annexed and marked Exhibit-“C” all the property and credits

which the deceased died possessed of or entitled to at the time of

her death, which have or are likely to come to the Petitioner’s

hands.

7. That the said assets of the deceased including all rents,

interest and dividends which have accrued since the date of the

death of the deceased and increased value of the assets since the

said date are of the value of Rs.1,58,550/-

That the deceased was the tenant in respect of Room No


8
9/658, Abhyudaya Nagar, G.D.Ambekar Marg,Tank Road,

Cotton Green (West), Mumbai-400033 and monthly rent was of

Rs.1057/-, hereto annexed and marked as Exhibit-D is a copy of


5

rent receipt issued by the Mumbai Griha Nirman & Area

Development Board.

9 That the delay in making the present Petition is on account of

the facts that Petitioners are ignorant and unaware of obtaining

any legal representation. Now the Petitioners have been recently

advised to obtain a legal representation. Hence this Hon’ble

Court in the interest of justice may condone the delay.

That no application has been made to any District Court or


10
District Delegate or to any High Court for Probate of any will of

the said deceased or for letters of administration with or without

the will annexed to her property and credits. Save and except

Testamentary Petition Lodging No.570 of 2019 which is

being withdrawn on the ground that after filing said petition

the other legal heirs had expressed their desire and

requested the petitioner no.1 that they also want to become

the petitioners and therefore in the present petition all the

legal heirs have been shown as petitioners.

The Petitioners, therefore, prays that the Letters

of Administration may be granted to them having

effect throughout the State of Maharashtra.


6

Advocate for the Petitioners Petitioners

VERIFICATION

We,1) Sharda Prakash Yadav nee Sharda Dattatraya Tikone

2) Trupti Chandrakant Salvi nee Sulbha Dattatraya Tikone 3)

Suresh Dattatraya Tikone and 4) Sunil Dattatraya Tikone

Petitioners abovenamed do hereby solemnly declare that what is

stated in the foregoing paragraphs 1 to ___ is true to my own

knowledge.

Solemnly declared at Bombay

Dated this day of ________.2019

Drawn by me Before me

Advocate for the Petitioners

You might also like