JAGJIVANDAS SHAMJI SUCHAK Vs. XXX

JUDGEMENT

(1.) The applicant, who claims to be the legal heir of Jagjivandas Shamji Suchak (deceased) has preferred this application to implead him as a party Respondent to this Petition and also direct the Petitioner to serve citation on the applicant in terms of the order dtd. 23/10/2023.

(2.) Induben Jethalal Nagrecha, the Petitioner has preferred TP No.3788 of 2022 for the grant of Letters of Administration to the property and credits of the deceased with the assertion that the deceased passed away on 1/5/2021 at Mumbai. At the time of his death, he had a fixed place of abode at Mumbai. The deceased died intestate. Despite diligent , no testamentary writing or Will has been found. The parents of the deceased predeceased him. Wife of the deceased also predeceased him. The deceased died issueless. The deceased had, thus, left behind Class II heirs, particulars of whom are furnished in the table at paragraph 5 of the Petition, including the petitioner, who is the daughter of Purshotam Suchak, a predeceased brother of the deceased.

(3.) By an order dtd. 23/10/2023, the Officer on Special Duty with the Testamentary Department, inter alia, directed to serve citation on the non-consenting legal heirs of the deceased.