Kishore Babaji Naik vs Babaji Atmaram Naik — Succession and Inheritance | Bombay HC (2025)

Kishore Babaji Naik vs Babaji Atmaram Naik — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Kishor Babaji Naik for the properties left by the deceased Babaji Atmaram Naik and shown in the schedule of the petition, as per the provisions of the Indian Succession Act, 1925; petitioner to file an account as undertaken in his Oath within the stipulated period; grant subject to office verification that no cross petition is pending and no caveat has been filed.

Issue for consideration

Whether the petitioner, son of the deceased Babaji Atmaram Naik, is entitled to be granted Letters of Administration for the properties left by the deceased and shown in Schedule-I of the petition.

Court's answer

No one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties; hence the petition was treated as uncontested.

Ratio / Principle

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

Key takeaways

Petition allowed; 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 provisions of the Indian Succession Act, 1925.ratio¶16
Petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office must verify that no cross petition is pending and that no caveat resisting the petition has been filed.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Order dated 16th June 2025 by Shri P. A. Jagdale, Officer on Special Duty) on T.P. No. 40.TP/1572/2024: Kishor Babaji Naik sought Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Babaji Atmaram Naik, shown in Schedule-I of the petition. After the citation stood affixed for 14 days on the High Court and Collector's Office (Mumbai) notice boards (Rule 397(1) and (4)) and the Collector was noticed (Rule 396) under the Bombay High Court (O.S.) Rules, 1980, with no caveat or opposing claim and no reported pending litigation, the petition was treated as uncontested. All legal heirs consented by affidavit without reserving any right and an administration bond in prescribed Form No. 118 with surety was filed. Invoking the Hindu Succession Act, 1956 and noting that the petitioner is a son of the deceased whose sworn facts went unchallenged, the court allowed the petition and granted the Letters of Administration, directing the petitioner to file an account as undertaken in his oath, subject to office verification that no cross petition or caveat is pending before issuance of the grant.

1 40.TP/1572/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 16th June 2025

FOR COMPLIANCE:

40.TP/ 1572/2024

P.C Mr. Kunal Jadhav, Ld. Advocate for 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 Babaji Atmaram Naik (For short “Said deceased”). The petitioner, namely Kishor Babaji Naik, 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 12-012022 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

2 40.TP/1572/2024

petitioner or nothing is brought to the notice regarding pending litigation 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, inter-se.

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 son 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

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. 2) The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

16th June 2025 Officer on Special Duty, with Testamentary Department