LAWS(BOM)-1999-4-85

PETITION FOR LETTERS OF ADMINISTRATION TO THE PROPERTY ASSETS AND CREDITS OF LATE SMITA PATIL DECEASED VIDYA SHIVAJIRAO PATIL Vs. N R

Decided On April 28, 1999
VIDYA SHIVAJIRAO PATIL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) ALL these three petitions raise a common question with respect to interpretation of the State Governments Notification dated 1-10-1994. Mr. Milind Vasudeo has appeared in support of Petition No. 280 of 1998. Mr. Bandivadekar has appeared in connection with Petition (Lodging) No. 222 of 1999 and Mr. M. S. DMello appeared in support of Petition (Lodging) No. 88 of 1999.

(2.) IN Petition No. 280 of 1998, the petitioner is the grand mother of a male child and the petitioner seeks Letters of Administration to the property assets and credits of late Smita Patil for the benefits of her son Pratik. The petitioner, being a lady, seeks an exemption from payment of Court fees under the concerned Government Notification. Second Petition (Lodging) No. 222 of 1999 is filed by two sons and two daughters seeking letters of administration to the property of their father who has died leaving behind only his heirs. The third Petition (Lodging) No. 88 of 1999 is filed by two brothers of one late Placid Colaso who has died leaving behind two minors, one son and one daughter.

(3.) IN Petition No. 280 of 1998 as well as in Petition (Lodging) No. 88 of 1999, the petitioners have been appointed as Guardians by separate orders passed under section 246 of the Indian Succession Act, 1925.