1 TS-97 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Testamentary Suit No.97 of 1997 IN Petition No.663 of 1997 Smt.Krishnabai Gokuldas Ashar .. .. Plaintiff v/s. 1.Smt.D.D. Sampat & ors. .. .. Caveators Mr.Pankaj S. Shah for Plff. Ms.K.C.Nichani with Ms.Vaishali Choudhari for Caveators. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 6th January 2011 P.C. : 1.The Caveat has been filed in this Petition showing the heirs of the deceased and other extraneous matters. The Caveat shows the admission that the deceased died intestate leaving behind her husband and three sons. The fact that the Petitioner is her daughter is also admitted. Hence the Petitioner died leaving behind the husband, three sons and one daughter. The Affidavit-in- support of the Caveat further shows that the parties are governed under Section 15 of the Hindu Succession Act (the Act). 2 TS-97 2.The Affidavit-in-support of the Caveat makes a mention of certain suits, loans and mortgages with which the Petition for Letters of Administration is not concerned. 3.It is admitted that the deceased died intestate. The heirs of the deceased are also admitted. The husband of the deceased has died after the deceased. Hence four children of the deceased are the only heirs and legal representatives. The deceased is governed by Section 15 of the Act. Consequently, the suit need not proceed upon the Caveat. Letters of Administration shall be issued to the Petitioner for administration of the estate of the deceased so as to grant to each of her children an equal share therein. 4.The suit is disposed of accordingly. The Petition shall proceed for issue of Letters of Administration. (SMT.ROSHAN DALVI, J.)