Jai Kumari Sagar Daughter of Rathnam Sagar John… — Succession and Inheritance | Bombay HC (2025)

Jai Kumari Sagar Daughter of Rathnam Sagar John… — 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 to file account as undertaken in Petitioner's Oath within stipulated period; office to verify no cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, under the provisions of the Indian Succession Act, 1925, for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

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

Ratio / Principle

Facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Key takeaways

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.ratio¶12
Petitioner directed to file the account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶18
Before issuance of the grant, the office is to verify that no cross-petition is pending and no caveat resisting the petition has been filed.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department — 20.TP/1542/2024, decided 07th August, 2025 by Shri P. A. Jagdale, Officer on Special Duty. Uncontested petition for grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by deceased Prem Kumari John Sagar (aliases Prem Kumary Sagar, Sagar Prem Kumari John), who died a spinster on 04-03-2023 at Mehdipatnam, Telangana. Petitioner Jai Kumari Sagar, sister of the deceased, claimed entitlement in view of the Hindu Succession Act, 1956. Citation was affixed on the High Court and Collector's Office (Mumbai) notice boards and 14 days expired vide Rules 397(1) and (4), and notice was issued to the Collector vide Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one opposed and no pending litigation concerning the same properties was reported, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed the administration bond in prescribed form No. 118 with surety. Finding the sworn facts unchallenged, the court allowed the petition as prayed for, granted Letters of Administration for the scheduled properties, directed the petitioner to file the account undertaken in her oath within the stipulated period, and required the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 20.TP/1542/2024

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

FOR COMPLIANCE:

TP/1542/2024 P. Shri. Sagar Sable i/b Kamini Yadav Ld. Advocate for the C. : [Original] Petitioner

[Original]

(ECHCBM02225802 023)

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 Prem Kumari John Sagar D/o Rathnam Johan Sagar Alias Prem Kumary Sagar Alias Sagar Prem Kumari John (For short “Said deceased”). The petitioner, namely Jai Kumari Sagar D/o Rathnam Sagar John Alias D/o Rathnam Johan Sagar, 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 Spinster on 04-03-2023 at Mehdipatnam, Telangana, 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 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 20.TP/1542/2024

pertaining to the same properties. Hence, the petition is 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 Sister 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,

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