Milind Janardhan Nirgun vs Sneha Milind Nirgun… — Succession and Inheritance | Bombay HC (2025)

Milind Janardhan Nirgun vs Sneha Milind Nirgun… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Milind Janardhan Nirgun for the properties left by the deceased Sneha Milind Nirgun and shown in the schedule (Schedule-I of the petition), in the prescribed format under the Indian Succession Act, 1925; 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 and that no caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner Milind Janardhan Nirgun for the properties left by the deceased Sneha Milind Nirgun under the Indian Succession Act, 1925. +1 more

Court's answer

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 an uncontested one.

Ratio / Principle

The legal heirs of the deceased consented by way of affidavits to the grant of the Letters of Administration prayed for by the petitioner, without reserving any right, and accepted the facts regarding their relationship inter se.

Key takeaways

The facts stated by the petitioner and by the heirs of the deceased on oath having remained unchallenged were required to be accepted, and accordingly the petition deserved to be allowed as prayed for.ratio¶7
The petition was allowed and Letters of Administration were 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

Testamentary Petition TP/1350/2024 (Bombay High Court, Testamentary Department; decided 09th January 2025 by Shri P. A. Jagdale, Officer on Special Duty): Petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Sneha Milind Nirgun, who died at Mumbai on 05-09-2018 leaving the heirs named in paragraph 4 of the petition and the properties in Schedule-I. The petitioner, Milind Janardhan Nirgun (husband of the deceased), claimed entitlement under the Hindu Succession Act, 1956. Citation was duly affixed on the conspicuous part of the Hon'ble High Court and the notice board of the Collector's Office, Mumbai, with 14 days expiring under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector under Rule 396; no one appeared to oppose and no pending litigation over the properties was brought to notice, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right; an administration bond in prescribed Form No. 118 with surety was filed; the delay was explained vide Rule 382 of the Rules. The facts stated on oath remaining unchallenged, the petition was allowed and Letters of Administration were granted in the prescribed format, subject to filing of the account undertaken in the Petitioner's Oath within the stipulated period, and with the office to verify absence of any cross petition or caveat before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 09th January 2025

FOR COMPLIANCE:

TP/1350/2024 P. Shri. V. K. Rajbhar a/w Shri. R T Kharwar Ld. Advocate for C. : the 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 Sneha Milind Nirgun (For short “Said deceased”). The petitioner, namely Milind Janardhan Nirgun, 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 05-09-2018 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. The delay has been explained vide Rule 382 of the Rules.

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

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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 Husband 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,

09th January 2025 Officer on Special Duty, with Testamentary Department