ORAL JUDGMENT

1. Heard learned advocate Mr. Vishal T. Patel for the appellant. Perused the record.

2. By way of this appeal, the challenge is made against the order dated 14.8.2023 passed by the learned 14th Additional Civil Judge, Dehgam, District Gandhinagar in Civil Misc. Application No.9 of 2022.

3. The brief facts leading to filing of the present appeal are as under:

* The present appellants filed Civil Misc. Application No.9 of 2022 for `Letter of Administration’ of the immovable property of late Natvarlal Chhotalal Patel and his wife Champaben Natvarlal Patel, under Section 217 read with Section 278 of the Indian Succession Act, 1925. The appellant claimed to be the nephew of late Natvarlal Chhotalal Patel who passed away on 16.11.2021 and his wife late Champaben Natvarlal Patel passed away on 10.1.2017 at Dehgam. The relationship between the appellant and deceased are that of nephew, uncle -

aunty.

4. Submissions of learned advocate for the appellant are as under:

* The appellants filed Civil Misc. Application No.9 of 2022 for `Letter of Administration’ of the immovable property of late Natvarlal Chhotalal Patel and his wife Champaben Natvarlal Patel, under Section 217 read with Section 278 of the Indian Succession Act, 1925.

* The original applicants were taking care of the deceased during their life time as Natvarlal Chhotalal Patel and his wife Champaben Natvarlal Patel had no issue out of their wedlock.

* It is further submitted that deceased Natvarlal Chhotalal Patel and his wife Champaben Natvarlal Patel have expired without making any testamentary instrument. The appellants are the heirs falling under Class – I category of the Hindu Succession Act. It is also submitted that the application for `Letter of Administration’ under Section 217 read with Section 278 of the Act wherein the notice was afÏxed on the conspicuous part of the Court and a general notice was also issued in Sandesh Newspaper widely circulated in Gandhinagar District. Pursuant to the said public notice, no objections were raised by any interested person or brothers and sisters of the appellants who are mentioned in paragraph no.4 of the application. The death certificate of Natvarlal Chhotalal Patel and his wife Champaben Natvarlal Patel were produced on record. Power of Attorney of Rakeshkumar Ramanbhai Patel was examined vide Exh.10 and there was no cross examination of the said Power of Attorney holder. In a nut shell, the application was uncontested. However, the learned Additional Civil Judge on 14.8.2023 dismissed the application on the ground that except oral evidence, the appellants have not produced evidence in support of the application. Being aggrieved by the judgment and order, the present appellant has preferred this First Appeal.

5. Learned advocate for the appellant has relied upon the Sections 217 and 278 of the Indian Succession Act, 1925 which read as under: “217. Application of Part.—

Save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of the assets of the deceased in cases of intestate succession shall be made or carried out, as the case may be, in accordance with the provisions of this Part.

278. Petition for letters of administration.

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(1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating—

(a) the time and place of the deceased's death;

(b) the family or other relatives of the deceased, and their respective residences;

(c) the right in which the petitioner claims;

(d) the amount of assets which are likely to come to the petitioner's hands;

(e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abod