Before the City Survey Officer,

Borivali (West), Mumbai

Devi Anilkumar Bhatia …Applicant

Vs
Aruna Chandrasen Bhatia & ors …Respondents

Sub: All that piece and parcel of land bearing CTS No. 47, CTS No. 47/1 to CTS No.
47/12 corresponding to Survey No.160 and Survey No. No. 1 Hissa No. 2
aggregately admeasuring 7,746.4 square metres or thereabouts together with an
existing building/bungalow known as “Ruttomsee Moolji Bungalow” and one out
house standing thereon situate, lying and being at S.V. Road, Village Magathane,
Taluka Borivali in the registration district and sub district of Mumbai Suburban
(“said Property ”)

Written submission on behalf of the Respondents abovenamed.

1. The Applicant has informed this Hon’ble Authority during the Arguments on
held on September 7, 2021 that Mr. Anilkumar Govindji Bhatia (the deceased
father of the Applicant) has died intestate on January 11, 2020 without
executing will in favour of any of his legal heirs and representative. In such
case, where no will has been left by the deceased, it is mandatory for the legal
heirs and representatives of the deceased to obtained Letters of
Administration under section 213 of Indian Succession Act, otherwise legatee
cannot establish any right in a court of law pertaining to concerned estate of
the deceased or administrator the property, which reads as follow;
Section 213 read as under;

“213. Right as executor or legatee when established.-

(1) No right as executor or legatee can be established in

any Court of Justice, unless a Court of competent
jurisdiction in India has granted probate of the will under
 which the right is claimed, or has granted letters of
administration with the will or with a copy of an
authenticated copy of the will annexed.

(2) This section shall not apply in the case of wills made
by Muhammadans, and shall only apply—

(i) in the case of wills made by any Hindu,

Buddhist, Sikh or Jaina where such wills are of the classes
specified in clauses (a) and (b) of section 57; and

(ii) in the case of wills made by any Parsi dying,

after the commencement of the Indian Succession
(Amendment) Act, 1962, (16 of 1962.) where such wills
are made within the local limits of the of the High Courts
at Calcutta, Madras and Bombay, and where such wills
are made outside those limits, in so far as they relate to
immovable property situate within those limits.”

Thus it is very clear that unless the Letters of Administration are obtained by
the Applicant, their name cannot be incorporated/mutated on the property
card. Therefore, the Respondents request this Hon’ble Authority to reject the
present Application
Dated this on September, 2021

Dharmesh Jain
Advocate for Respondents