Amit Sunil Varadkar vs Shilpa Sunil Varadkar — Succession and Inheritance | Bombay HC (2025)

Amit Sunil Varadkar vs Shilpa Sunil Varadkar — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Amit Sunil Varadkar, son and sole heir of the deceased Shilpa Sunil Varadkar, for the properties left by the deceased and shown in Schedule-I of the petition, in prescribed format under the Indian Succession Act, 1925; petitioner exempted from furnishing the administrative bond and directed to file an account as undertaken in the Petitioner's Oath; office to verify no cross petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, being the son of the deceased Shilpa Sunil Varadkar, is entitled to seek Letters of Administration in respect of the properties left by the deceased, under the Indian Succession Act, 1925 read with the Hindu Succession Act, 1956. +2 more

Court's answer

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 prescribed format, as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

Since no one appeared to resist the petitioner's claim after publication of citation and nothing was brought to the Court's notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.

Key takeaways

In view of the Hon'ble Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole heir of the deceased, was exempted from furnishing the administrative bond.ratio¶12
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
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Testamentary Petition (45.TP/1545/2024, decided 11.02.2025) before the Officer on Special Duty with the Testamentary Department, Bombay High Court, under the Indian Succession Act, 1925 for Letters of Administration to the estate of SHILPA SUNIL VARADKAR, who died as a widow on 15/03/2020 at Mumbai. Petitioner AMIT SUNIL VARADKAR, the son of the deceased claiming to be her sole heir, filed the death certificate, identity proof, oath and affidavit of service citation. Citation issued under Rules 397(1) and (4) and notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980 elicited no objection and no notice of pending litigation, so the petition was treated as uncontested. Relying on the Court's earlier order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner was exempted from furnishing the administrative bond. Holding the facts sworn on oath to have remained unchallenged, the Court allowed the petition and granted Letters of Administration for the scheduled properties, directing the petitioner to file the account undertaken in the Petitioner's Oath and requiring office verification that no cross petition or caveat was pending before issuance of the grant.

1 45.TP/1545/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 11th February, 2025

FOR COMPLIANCE:

TP/1545/2024 P. C. Shri. Omprakash Verma i/b Damani Ld. Advocate for the : [Original] Petitioner

[Original]

(ECHCBM02225542

1. 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 SHILPA SUNIL VARADKAR (For short “Said deceased”). The petitioner, namely AMIT SUNIL VARADKAR, 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 Widow on 15/03/2020 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 7 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 treated as uncontested one.

2 45.TP/1545/2024

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 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 Son 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,

11th February, 2025 Officer on Special Duty, with Testamentary Department