Vijaykumari Motilal Singh vs Reena Motilal Singh… — Succession and Inheritance | Bombay HC (2025)

Vijaykumari Motilal Singh vs Reena Motilal Singh… — 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, under the Indian Succession Act, 1925; petitioner directed to file an 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, being the mother of the deceased Reena Motilal Singh, is entitled to Letters of Administration in respect of the properties left by the deceased under the provisions of the Indian Succession Act, 1925. +1 more

Court's answer

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

Ratio / Principle

The petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond, in view of the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted; the petitioner, being the mother of the deceased, is entitled to seek Letters of Administration.ratio¶¶13
The petition is allowed and Letters of Administration are 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¶¶15

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Petition TP/132/2024 (Officer on Special Duty, with Testamentary Department; decided 22nd January 2025) — Petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Reena Motilal Singh, who died unmarried on 22-05-2022 at Mumbai, leaving the properties shown in Schedule-I of the petition. Petitioner Vijaykumari Motilal Singh, mother of the deceased, stated she was the sole heir. Citation affixed at the High Court and the Collector's Office, Mumbai (Rules 397(1) and (4) and Rule 396, Bombay High Court (O.S.) Rules, 1980) drew no objection; petition treated as uncontested. Petitioner exempted from furnishing the administrative bond in view of orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP/2918/2023. Petition allowed; Letters of Administration granted, subject to filing of an account as undertaken in the Petitioner's Oath within the stipulated period and office verification, before issuance of the grant, that no cross petition or caveat is pending.

1 16.TP/132/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 22nd January 2025

FOR COMPLIANCE:

TP/132/2024

Mr. V. K. Rajbhar a/w. R. T. Kharwar, Advocate for Petitioner

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 REENA MOTILAL SINGH (For short “Said deceased”). The petitioner, namely VIJAYKUMARI MOTILAL SINGH, 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 Unmarried on 22-05-2022 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 treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos.

2 16.TP/132/2024

2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, 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 Mother 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.

Officer on Special Duty,

22nd January 2025 Officer on Special Duty, with Testamentary Department