Sonu Navsaram Temkar vs Anant Sonu Temkar(Deceased) — Succession and Inheritance | Bombay HC (2025)

Sonu Navsaram Temkar vs Anant Sonu Temkar(Deceased) — 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 Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within 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, stated to be the nephew and sole heir of the deceased Anant Sonu Temkar, is entitled to grant of Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925. +1 more

Court's answer

Till the date of the order no one appeared to resist the petitioner's claim and nothing was brought to the court's notice regarding any pending litigation pertaining to the same properties; hence the petition is treated as uncontested.

Ratio / Principle

Following the court's earlier orders in TP Nos. 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.

Key takeaways

The facts stated by the petitioner on oath having remained unchallenged were required to be accepted, and accordingly the petition deserved to be allowed as prayed for.ratio¶¶13

Detailed headnote1 paragraphs

Uncontested testamentary petition (44.TP/1539/2024) under the Indian Succession Act, 1925 for Letters of Administration to the properties left by Anant Sonu Temkar ('said deceased'), who died as a widower on 12/02/2020 at Mumbai leaving the heirs shown in paragraph 4 of the petition. Petitioner Sonu Navsaram Temkar, stated to be the deceased's nephew and sole heir, was represented by Shri. Sagar Sable i/b Kamini Yadav. Citation was duly affixed on the notice boards of the Hon'ble High Court and of the Collector's Office, Mumbai, with the 14-day period expiring under Rule 397(1) and (4), and notice was issued 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 properties was reported. In view of prior orders in TP Nos. 2556 & 2559 of 2022 (dated 28.02.2023) and TP/2918/2023, the petitioner, being sole heir, was exempted from furnishing the administrative bond. The facts stated on oath remaining unchallenged, the petition was allowed as prayed for: Letters of Administration granted for the scheduled properties, petitioner to file an account as undertaken in the Petitioner's Oath, and the office to verify absence of any cross-petition or caveat before issuance of the grant. Decided 12th March 2025 by Shri. P. A. Jagdale, Officer on Special Duty, with Testamentary Department.

1 44.TP/1539/2024

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

FOR COMPLIANCE:

TP/1539/2024 P. Shri. Sagar Sable i/b Kamini Yadav Ld. Advocate for the C. : [Original] Petitioner

(ECHCBM0219243 2023)

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 Anant Sonu Temkar (For short “Said deceased”). The petitioner, namely Sonu Navsaram Temkar, 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 12/02/2020 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.

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 44.TP/1539/2024

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 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 Nephew 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 Officer on Special Duty, with Testamentary Department