Abhishek Sitesh Dutt vs Sitesh Subodh Dutt… — Succession and Inheritance | Bombay HC (2025)

Abhishek Sitesh Dutt vs Sitesh Subodh Dutt… — 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 as per the provisions of the Indian Succession Act, 1925; the petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period, and before issuance of the grant the office is to verify that no cross-petition is pending or caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioner, being the son of the deceased Sitesh Subodh Dutt, is entitled to a grant of Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925. +1 more

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, with the Letters of Administration to be granted to the petitioner for the scheduled properties in the prescribed format under the Indian Succession Act, 1925.

Ratio / Principle

Since no one appeared to resist the petitioner's claim and nothing was brought to notice regarding any pending litigation pertaining to the same properties, the petition is treated as an uncontested one.

Key takeaways

In view of the order passed by the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.ratio¶13

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), TP/1821/2024, decided on 26th September, 2025 by Shri. P. A. Jagdale, Officer on Special Duty. Petition for Letters of Administration under the Indian Succession Act, 1925 for the properties of deceased Sitesh Subodh Dutt, who died a married man on 27/10/2022 at Mumbai. Petitioner ABHISHEK SITESH DUTT, son of the deceased and sole class-I heir, sought the grant relying on the Hindu Succession Act, 1956. Citation was affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office at Mumbai with expiry of 14 days vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice to the Collector was issued vide Rule 396 of BHC Rules; no one appeared to resist the claim and no pending litigation was brought to notice, hence the petition was treated as uncontested. Following the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner was exempted from furnishing the administrative bond. Facts stated on oath having gone unchallenged, the petition was allowed and Letters of Administration granted in the prescribed format, subject to filing of an account as undertaken in the Petitioner's Oath within the stipulated period and office verification that no cross-petition or caveat exists before issuance of the grant.

1 26.TP/1821/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 26th September, 2025

FOR COMPLIANCE:

TP/1821/2024 P. Ms. Shweta More i/b India Law Alliance Ld. Advocate for C. : [Original] the Petitioner

[Original]

(ECHCBM02022762 024)

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 Sitesh Subodh Dutt, (For short “Said deceased”). The petitioner, namely ABHISHEK SITESH DUTT, has mfiled 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 27/10/2022 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 5 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 26.TP/1821/2024

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, 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 Son 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,

26th September, 2025 Officer on Special Duty, with Testamentary Department