Sunil Ramakrishna Shetty vs Kiran Ramakrishna… — Succession and Inheritance | Bombay HC (2025)

Sunil Ramakrishna Shetty vs Kiran Ramakrishna… — 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, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and to office verification, before issuance of the grant, that no cross petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being the son of the deceased Kiran Ramakrishna Shetty, is entitled to Letters of Administration in respect of the properties left by the deceased under the Indian Succession Act, 1925.

Court's answer

Petition allowed; 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.

Ratio / Principle

Facts stated by the petitioner and the heir 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

Petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶¶15
Before issuance of the grant, the office to verify that no cross petition is pending or caveat resisting the petition is filed.ratio¶¶16

Detailed headnote1 paragraphs

Testamentary Petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Kiran Ramakrishna Shetty, who died on 12/03/2022 at Oak Lawn, United States of America, leaving the legal heirs shown in paragraph 4 of the petition. Petitioner Sunil Ramakrishna Shetty, son of the deceased, claimed entitlement under the Hindu Succession Act, 1956. Citation was duly affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector was issued under Rule 396; nobody appeared to resist the claim and the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and the administration bond in prescribed Form No. 118 with surety was filed. The facts stated on oath remaining unchallenged, the petition was allowed and Letters of Administration were granted for the scheduled properties, subject to filing of the account as per the Petitioner's Oath and office verification that no cross petition or caveat was pending before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 24th September, 2025

FOR COMPLIANCE:

TP/1685/2025 P. C. Shri Saurabh Oka, Advocate for the Petitioner : AMH20240126891 C202400032

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 Kiran Ramakrishna Shetty (For short “Said deceased”). The petitioner, namely Sunil Ramakrishna Shetty, 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 12/03/2022 at Oak Lawn, United State of America 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.

Legal heir of the deceased has consented by way of

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Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se. 6) 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 heir 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,

24th September, 2025 Officer on Special Duty, with Testamentary Department