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

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

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Sunil Ramakrishna Shetty for the properties left by the deceased and shown in Schedule-I, in the prescribed format under the Indian Succession Act, 1925, subject to filing of an account as undertaken in the Petitioner's Oath within the stipulated period and office verification before issuance of the grant that no cross-petition is pending or caveat is filed.

Issue for consideration

Whether the petitioner, being the son of the deceased, is entitled to a grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Kaup Ramakrishna Nagappa Shetty alias Kaup Ramakrishna Shetty.

Court's answer

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

Ratio / Principle

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

Key takeaways

Condition imposed: the petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶¶16
Pre-condition imposed on the office: before issuance of the grant, the office must verify that no cross-petition is pending or caveat resisting the petition is filed.ratio¶¶17

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department — 34.TP/1686/2025 (uncontested testamentary petition): Sunil Ramakrishna Shetty, son of the deceased Kaup Ramakrishna Nagappa Shetty alias Kaup Ramakrishna Shetty (who died a widower on 22-06-2022 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule-I. Citation was affixed on the High Court and Collector's Office notice boards with 14 days expiring vide Rule 397(1) and (4), and notice was issued to the Collector vide Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one opposed and no pending litigation was notified, so the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and the petitioner filed an administration bond in prescribed form No. 118 with surety. Relying on the Hindu Succession Act, 1956 position that the petitioner, being the son of the deceased, was entitled to seek Letters of Administration, the Officer on Special Duty held the on-oath facts acceptable and allowed the petition, granting Letters of Administration in the prescribed format, conditioned on filing of the account as undertaken in the oath and office verification, before issuance of the grant, that no cross-petition or caveat is pending.

1 34.TP/1686/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 09th September, 2025

FOR COMPLIANCE:

TP/1686/2025 P. Ms. Anita Patil i/b Saurabh Oka Ld. Advocate for the C. : (AMH2024012689 Petitioner 1C202400031)

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 Kaup Ramakrishna Nagappa Shetty alias Kaup 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 Widower on 22-06-2022 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 petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

2 34.TP/1686/2025

treated as uncontested one.

Legal heir of the deceased has consented by way of 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.

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

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,

09th September, 2025 Officer on Special Duty, with Testamentary Department