Shobha Raghuram Basrur vs Vinita Vinod Kamat… — Succession and Inheritance | Bombay HC (2025)

Shobha Raghuram Basrur vs Vinita Vinod Kamat… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Shobha Raghuram Basrur for the properties left by the deceased Vinita Vinod Kamat and shown in the schedule (Schedule-I of the petition), under the Indian Succession Act, 1925; petitioner exempted from furnishing the surety bond as sole heir; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify that no cross-petition is pending or caveat resisting the petition is filed before issuance of the grant.

Issue for consideration

Whether the petitioner, Shobha Raghuram Basrur, sister-in-law of the deceased Vinita Vinod Kamat, is entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased, invoking the Hindu Succession Act, 1956. +1 more

Court's answer

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 Indian Succession Act, 1925.

Ratio / Principle

The petitioner, being the sole heir of the deceased, is exempted from furnishing the surety bond, in view of the orders in TP Nos. 2556 & 2559 of 2022 (dated 28.02.2023) and TP No. 2918/2023.

Key takeaways

The petition is treated as uncontested; the facts stated by the petitioner on oath remained unchallenged and were required to be accepted.ratio¶11

Detailed headnote1 paragraphs

Uncontested testamentary petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Vinita Vinod Kamat (widow, died 13-03-2024 at Mumbai). Petitioner Shobha Raghuram Basrur, sister-in-law of the deceased, sought the grant invoking the Hindu Succession Act 1956. Citation was published vide Rules 396 and 397(1)/(4) of the Bombay High Court (O.S.) Rules, 1980; no one opposed and no caveat or pending litigation surfaced. Relying on prior orders in TP Nos. 2556 & 2559 of 2022 (dated 28.02.2023) and TP No. 2918/2023, the petitioner as sole heir was exempted from furnishing the surety bond. Petition allowed on 25-06-2025 by Shri. P. A. Jagdale, OSD, Testamentary Department; grant conditioned on office verifying absence of cross-petition/caveat, and petitioner to file account per oath.

1 71.TP/1659/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th June 2025

FOR COMPLIANCE:

71.TP/1659/2025 P.C. Mr. Saurabh Oka, 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 Vinita Vinod Kamat (For short “Said deceased”). The petitioner, namely Shobha Raghuram Basrur, 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 13-03-2024 at Mumbai leaving behind her legal heir, 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. 5) In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in the TP

2 71.TP/1659/2025

No. 2918/2023, the petitioner being sole heir is exempted from the furnishing the surety Bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner, being Sister-in-Law 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.

25th June 2025 Officer on Special Duty, with Testamentary Department