Dilip Krishnanand Mankame vs Swati Hemant Mankame… — Succession and Inheritance | Bombay HC (2025)

Dilip Krishnanand Mankame vs Swati Hemant Mankame… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Limited Letters of Administration granted to the petitioner (Dilip Krishnachand Mankame, Constituted Attorney of Shreya Hemant Mankame) for the properties left by the deceased and shown in the schedule, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and the office verifying before issuance of the grant that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether Dilip Krishnachand Mankame, Constituted Attorney of Shreya Hemant Mankame, is entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Swati Hemant Mankame and Hemant Krishnachand Mankame alias Hement Krishnachand Mankame.

Court's answer

Petition allowed; Limited Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format, under the Indian Succession Act, 1925.

Ratio / Principle

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

Detailed headnote1 paragraphs

Testamentary – Letters of Administration – Indian Succession Act, 1925 – Petition TP/1244/2025 by Dilip Krishnachand Mankame, Constituted Attorney of Shreya Hemant Mankame, for Letters of Administration to the properties of deceased No. 1 Swati Hemant Mankame (who died as a Married on 26.06.2022 at Mumbai) and deceased No. 2 Hemant Krishnachand Mankame alias Hement Krishnachand Mankame (who died as a Widower on 04.01.2025 at Mumbai) – Citation published under Rule 397(1) and (4) and notice issued to Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; 14 days expired with no contestor and no pending litigation reported; Administration Bond in Form No. 118 with surety filed – Entitlement urged under the Hindu Succession Act, 1956 – Petition treated as uncontested and allowed; Limited Letters of Administration granted; petitioner to file account as per Oath and office to verify absence of cross-petition or caveat before issuance of grant. Decided 07th May 2025 by Shri. P. A. Jagdale, Officer on Special Duty, with Testamentary Department.

1 56.TP/1244/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 07th May 2025

FOR COMPLIANCE:

TP/1244/2025 P. C. Ms. Vishaki Bhatia Ld. Advocate for the Petitioner : (AMH20230036552 C202500009)

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 (1) ;Swati Hemant Mankame and (2) Hemant Krishnachand Mankame alias Hement Krishnachand Mankame (For short “Said deceased”). The petitioner, namely Dilip Krishnachand Mankame Constituted Attorney of Shreya Hemant Mankame, has filed documents.

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

Said deceased No. 1 died as a Married on 26.06.2022 at Mumbai and deceased No. 2 died as a Widower on 04.01.2025 at Mumbai leaving behind them 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 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 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

2 56.TP/1244/2025

pertaining to the same properties. Hence, the petition is treated as uncontested one.

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 Constituted Attorney of Shreya Hemant Mankame 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 Limited 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,

07th May 2025 Officer on Special Duty, with Testamentary Department