Harinder Pal Kaur vs Laxmikant Ramshiromani Dwivedi — Succession and Inheritance | Bombay HC (2025)

Harinder Pal Kaur vs Laxmikant Ramshiromani Dwivedi — 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 prescribed format as per the provisions of the Indian Succession Act, 1925; petitioner exempted from furnishing the administrative bond; petitioner directed to file the account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, Harinder Pal Kaur, is entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Laxmikant Ramshiromani Dwivedi. +1 more

Court's answer

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

Ratio / Principle

No one appeared to resist the petitioner's claim and no pending litigation concerning the scheduled properties was brought to notice; the petition is therefore treated as uncontested.

Key takeaways

In view of the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.ratio¶5
Petition allowed; 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.ratio¶ORDER-1

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Side), T.P. 1191/2024, decided 12th March 2025 by Shri P. A. Jagdale, Officer on Special Duty (Testamentary Department). Petition by Harinder Pal Kaur, widow of the deceased Laxmikant Ramshiromani Dwivedi (who died on 08-12-2020 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 in respect of the properties in Schedule-I of the petition. Citation was duly affixed on the conspicuous part of the Hon'ble High Court and the notice board of the Collector's Office at Mumbai, with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector under Rule 396; nobody appeared to resist the claim and no pending litigation was reported, so the petition was treated as uncontested. Relying on the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner, as sole heir, was exempted from furnishing the administrative bond. On the petitioner's submission under the Hindu Succession Act, 1956, and the sworn facts remaining unchallenged, the court allowed the petition and granted Letters of Administration, directing the petitioner to file the account undertaken in the Petitioner's Oath and the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 40.TP/1191/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 12th March 2025

FOR COMPLIANCE:

TP/1191/2024 P. Ms. Riya Sharma i/b Bina Pai Ld. Advocate for the C. : [Original] Petitioner (ECHCBM02006812 024) 1) 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 LAXMIKANT RAMSHIROMANI DWIVEDI (For short “Said deceased”). The petitioner namely Harinder Pal Kaur, 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 Widower on 08-12-2020 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. 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 40.TP/1191/2024

treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole heir of the deceased is exempted from furnishing the administrative bond.

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, 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.

12th March 2025

with Testamentary Department

Officer on Special Duty,