Pradeep Prabhakar Kaore And Anr. vs Prabha Manohar… — Succession and Inheritance | Bombay HC (2025)

Pradeep Prabhakar Kaore And Anr. vs Prabha Manohar… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify before issuance of the grant that no cross-petition is pending or caveat filed; petitioner to correct the petition number in the consent affidavit of Kishor and re-upload it.

Issue for consideration

Whether Letters of Administration should be granted to the petitioners under the Indian Succession Act, 1925 for the properties left by the deceased Prabha Manohar Kaore. +1 more

Court's answer

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Ratio / Principle

Since no one appeared to resist the claim during the citation period and nothing was brought to the Court's notice regarding pending litigation over the same properties, the petition was treated as an uncontested one.

Detailed headnote1 paragraphs

Testamentary Petition (53.TP/1036/2025) under the Indian Succession Act, 1925 before the Bombay High Court, Testamentary Department (Officer on Special Duty Shri. P. A. Jagdale), decided 17th December, 2025. Petitioners Pradeep Prabhakar Kaore and Avinash Raghunath Kaore sought Letters of Administration to the estate of Prabha Manohar Kaore, who died as a widow on 05-06-2024 at Mumbai. Citation was affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice issued to the Collector under Rule 396. No one contested the claim; the legal heirs consented by affidavits without reserving any right, and the administration bond in prescribed form No. 118 with surety was filed. Relying on the Hindu Succession Act, 1956, the petitioner, being nephew of the deceased, was stated to be entitled to seek Letters of Administration; the unchallenged facts on oath were accepted and the petition was allowed as prayed for, with directions to file the account as undertaken in the Petitioner's Oath, office verification of no cross-petition or caveat before issuance of the grant, and correction of the petition number in the consent affidavit of Kishor.

1 53.TP/1036/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 17th December, 2025

FOR COMPLIANCE:

TP/1036/2025 ) Shri. Sarthak Diwan Ld. Advocate for the Petitioner ) (AMH20240127392C2024000 ) 03) )

P.C.:

Petitioners, namely 1. Pradeep Prabhakar Kaore & 2. Avinash Raghunath Kaore, have filed this petition for the grant of Letters of Administration, under the Provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely Prabha Manohar Kaore (For short “Said deceased”). 2) I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 05-06-2024 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. The deceased left properties shown in Schedule I of the petition.

Citation was issued, which has been duly affixed on the Notice Board of the Hon’ble High Court and notice board of the Collector’s Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court(O.S.) Rules, 1980(for short “BHC Rules”) and an affidavit to that effect has been filed. Notice to the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se. 6) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu

2 53.TP/1036/2025

Succession Act, 1956 , the petitioner, being Nephew of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, the petition deserves to be allowed, as prayed for. Hence, following order:

ORDER

1)Petition is allowed and the Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in the prescribed format as per the provisions of the Indian Succession Act, 1925.

2)The petitioner to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

3)Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

4)petitioner to correct the petition number in consent affidavit of Kishor and re-upload the same.

Officer on Special Duty,

17th December, 2025 Officer on Special Duty, with the Testamentary Department