Nirmala Devendra Verma vs Mrs Kamaladevi… — Succession and Inheritance | Bombay HC (2025)

Nirmala Devendra Verma vs Mrs Kamaladevi… — 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 the prescribed format under the Indian Succession Act, 1925; petitioner to file an account as undertaken in the Petitioner's Oath within the 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, Nirmala Devendra Verma, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Kamaladevi Virendrasingh Varma.

Court's answer

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

Ratio / Principle

In view of the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner, being the sole heir of the deceased, was exempted from furnishing the administrative bond.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶¶14
The petition was allowed and Letters of Administration were directed to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925.ratio¶¶16

Detailed headnote1 paragraphs

Testamentary Petition (25.TP/163/2024) under the Indian Succession Act, 1925 for Letters of Administration to the properties of Kamaladevi Virendrasingh Varma, who died as a widow on 24-01-2023 at Dombivili, Dist. Thane. Citation was published on the Notice Boards of the High Court and the Collector's Office, Mumbai, and 14 days expired under Rules 397(1) and (4) and Rule 396 of the Bombay High Court (O.S.) Rules, 1980, with no appearance in opposition and no pending litigation reported; the petition was accordingly treated as uncontested. Applying the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner, the sole heir and daughter of the deceased, was exempted from furnishing the administrative bond. The court accepted the petitioner's unchallenged sworn facts and allowed the petition, granting Letters of Administration for the scheduled properties, subject to filing of the account as undertaken in the Petitioner's Oath and verification by the office that no cross-petition or caveat is pending before issuance of the grant.

1 25.TP/163/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 10th February, 2025

FOR COMPLIANCE:

TP/163/2024 P. Ms. Archana Bhasare Ld. Advocate for the Petitioner C. :

[Original]

(ECHCBM020832 92023)

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 Kamaladevi Virendrasingh Varma (For short “Said deceased”). The petitioner, namely Nirmala Devendra Verma, 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 24-01-2023 at Dombivili, Dist. Thane 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 pertaining to the same properties. Hence, the petition is treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos.

2 25.TP/163/2024

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 daughter 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,

10th February, 2025 Officer on Special Duty, with Testamentary Department