Veena Mohinder Lamba vs Mohinder Kumar Inderlal… — Succession and Inheritance | Bombay HC (2025)

Veena Mohinder Lamba vs Mohinder Kumar Inderlal… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner, Veena Mohinder Lamba, for the properties left by the deceased and shown in the schedule, in prescribed format under the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, Veena Mohinder Lamba, widow of the deceased Mohinder Kumar Inderlal Lamba, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule-I of the petition.

Court's answer

Since no one appeared to resist the petitioner's claim and nothing was brought to the court's notice regarding pending litigation pertaining to the same properties despite citation and notice to the Collector, the petition was treated as an uncontested one.

Ratio / Principle

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

Key takeaways

Accepting the submission that, in view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the widow of the deceased, is entitled to seek Letters of Administration, the court proceeded to allow the petition.ratio¶15
The petition was allowed and Letters of Administration were directed to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format as per the provisions of the Indian Succession Act, 1925.ratio¶17
The petitioner was directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Testamentary Petition 46.TP/1174/2024, Bombay High Court, Testamentary Department (decided 03rd January 2025 by Shri P. A. Jagdale, Officer on Special Duty): Uncontested petition under the Indian Succession Act, 1925 by Veena Mohinder Lamba, widow of Mohinder Kumar Inderlal Lamba (who died a married man on 04-02-2021 at Mumbai), for Letters of Administration to the properties in Schedule-I. Citation was affixed at the High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4), and notice was issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one resisted the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. Legal heirs consented by affidavits without reserving any right, and the administration bond in prescribed Form No. 118 was filed with surety. Held: the facts stated on oath by the petitioner and heirs remained unchallenged and were required to be accepted; the petitioner, being the widow (per the Hindu Succession Act, 1956, as submitted), was entitled to seek Letters of Administration. Petition allowed; Letters of Administration granted for the scheduled properties, subject to the petitioner filing an account as undertaken in the oath and office verification that no cross petition or caveat is pending before issuance of the grant.

1 46.TP/1174/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd January 2025

FOR COMPLIANCE:

TP/1174/2024 P. Ms. Bijal Gogri i/b Gogri & Associates Ld. Advocate for the C. : [Original] Petitioner

[Original]

(ECHCBM0222395 2023)

This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Mohinder Kumar Inderlal lamba (For short “Said deceased”). The petitioner, namely Veena Mohinder Lamba, has filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a Married on 04-02-2021 at Mumbai leaving behind him 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. Deceased left properties shown in the schedule-I of the petition.

Citation was issued, which has been duly affixed on the conspicuous part 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 collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

2 46.TP/1174/2024

treated as uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

1. Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, 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 prescribed format as per the provisions of the Indian Succession Act, 1925.

1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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

Officer on Special Duty,

03rd January 2025 Officer on Special Duty, with Testamentary Department