Harinder Kaur Manomohan Singh Mayal Alias Harinder… — Succession and Inheritance | Bombay HC (2025)

Harinder Kaur Manomohan Singh Mayal Alias Harinder… — 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 prescribed format, under the Indian Succession Act, 1925; petitioner directed 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 and no caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, stated to be the daughter and sole class-I heir of the deceased Pushpinder Kaur Jaidev Singh Kochhar, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 (with reference to the Hindu Succession Act, 1956) in respect of the properties left by the deceased.

Court's answer

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 / Principle

As nobody appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.

Key takeaways

The petitioner, being the sole class-I heir of the deceased, was exempted from furnishing the administrative bond in view of the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.ratio¶11
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¶14

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty) — 73.TP/1818/2025, decided 02nd July 2025: Petition under the Indian Succession Act, 1925 by Harinder Kaur Manmohan Singh Mayal alias Harinder Kaur Mayal alias Harinder Kaur, daughter and sole class-I heir of the deceased Pushpinder Kaur Jaidev Singh Kochhar alias Pushpinder Kaur, who died as a divorcee on 31-07-2021 at Mumbai, for Letters of Administration to the properties shown in schedule-I of the petition, entitlement being urged with reference to the Hindu Succession Act, 1956. Citation was affixed on the Notice Board of the Hon'ble High Court and the Collector's Office at Mumbai with 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice to the Collector issued under Rule 396; nobody resisted the claim and no pending litigation was reported, so the petition was treated as uncontested. In view of orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner was exempted from furnishing the administrative bond. Held: facts stated on oath remained unchallenged and were accepted; petition allowed and Letters of Administration granted; petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross-petition or caveat before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 02nd July 2025

FOR COMPLIANCE:

TP/1818/2025 P. C. Shri. Abhijeet Mahadeokar Ld. Advocate for the Petitioner : (AMH20240001430 C202400009)

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 Pushpinder Kaur Jaidev Singh Kochhar Alias Pushpinder Kaur (For short “Said deceased”). The petitioner, namely Harinder Kaur Manmohan Singh Mayal Alias Harinder Kaur Mayal Alias Harinder Kaur 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 Divorcee on 31-07-2021 at Mumbai 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

2 73.TP/1818/2025

treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner being the sole class-I 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.

02nd July 2025 Officer on Special Duty, with Testamentary Department