Kavita Krishna Palkar vs Krishna Kashiram Palkar… — Succession and Inheritance | Bombay HC (2025)

Kavita Krishna Palkar vs Krishna Kashiram Palkar… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Kavita Krishna Palkar for the properties left by deceased Krishna Kashiram Palkar and shown in Schedule-I, in prescribed format under the Indian Succession Act, 1925; petitioner exempted from furnishing administrative bond; petitioner to file account as undertaken in her Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, widow of the deceased Krishna Kashiram Palkar, is entitled to a grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

The facts stated by the petitioner on oath remained unchallenged and were therefore required to be accepted.

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 is treated as an uncontested one.

Key takeaways

The petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond, in view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023.ratio¶13
The petition is allowed and the Letters of Administration are to be granted to the petitioner for the properties left by the deceased and shown in the schedule, as per the provisions of the Indian Succession Act, 1925.ratio¶16

Detailed headnote1 paragraphs

Bombay High Court (Officer on Special Duty, with Testamentary Department), order dated 29th September, 2025 in 47.TP/1526/2025: Letters of Administration granted under the Indian Succession Act, 1925 to Kavita Krishna Palkar, widow and sole class-I heir of the deceased Krishna Kashiram Palkar (died 26/09/2021 at Mumbai), for the properties shown in Schedule-I of the petition. The petition was treated as uncontested: despite publication of citation on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days' expiry under Rules 397(1) and (4) and notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980, no one appeared to resist the claim and no pending litigation concerning the same properties was brought to notice. Facts stated on oath remained unchallenged and were accepted. The petitioner was exempted from furnishing the administrative bond as sole class-I heir, in view of the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022. Directions: petitioner to file account as undertaken in her Oath within the stipulated period; office to verify absence of any cross petition or caveat before issuance of the grant.

1 47.TP/1526/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 29th September, 2025

FOR COMPLIANCE:

TP/1526/2025 P. Shri. R T Kharwar Ld. Advocate for the Petitioner C. :

[Original]

(ECHCBM0202732 2024)

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 KRISHNA KASHIRAM PALKAR (For short “Said deceased”). The petitioner, namely KAVITA KRISHNA PALKAR, 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 26/09/2021 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. The delay has been explained vide Rule 382 of the Rules.

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 pertaining to the same properties. Hence, the petition is

2 47.TP/1526/2025

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 class-I 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.

Officer on Special Duty,

29th September, 2025 Officer on Special Duty, with Testamentary Department