Audrey Sylvia Karkada vs Praveen Kumar Karkada… — Succession and Inheritance | Bombay HC (2025)

Audrey Sylvia Karkada vs Praveen Kumar Karkada… — 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 or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, Audrey Sylvia Karkada, is entitled to Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased Praveen Kumar Karkada (she being stated, in counsel's submission, to be his widow). +1 more

Court's answer

After the 14-day citation period expired, no one appeared to resist the petitioner's claim and no pending litigation concerning the same properties was brought to notice; the petition was accordingly treated as uncontested.

Ratio / Principle

The legal heir of the deceased consented by affidavit to the grant of Letters of Administration to the petitioner without reserving any right, and accepted the facts regarding their inter se relationship.

Key takeaways

In view of the order passed in Testamentary Petition No. 1701 of 2017, no requisition existed to justify the share of the minor legal heir Jonh, as the petitioner is the minor's birth parent.ratio¶6
The petitioner had filed the Administration Bond in prescribed Form No. 118 with surety.ratio¶7
The facts stated on oath by the petitioner and the deceased's heir having remained unchallenged were required to be accepted; accordingly, the petition deserved to be allowed as prayed for. (The widow-entitlement submission preceding this conclusion was recorded from learned counsel.)

Detailed headnote1 paragraphs

Succession – Letters of Administration – Indian Succession Act, 1925 – Testamentary Petition (Original Side, Bombay High Court). Petitioner Audrey Sylvia Karkada sought Letters of Administration for the properties left by Praveen Kumar Karkada, who died on 13/02/2022 at Rajasthan survived by the legal heirs named in paragraph 4 of the petition; the properties were listed in Schedule-I. Citation was affixed on the notice boards of the High Court and the Collector's Office, Mumbai, and the 14-day period under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 expired without any resistance or intimation of pending litigation; notice to the Collector had issued under Rule 396. The petition was therefore treated as uncontested. The legal heir consented by affidavit without reserving any right. Following the order in Testamentary Petition No. 1701 of 2017, the court held that no justification of the share of the minor heir Jonh was required, the petitioner being his birth parent. An Administration Bond in prescribed Form No. 118 with surety was filed. Holding that the sworn facts of the petitioner and the heir remained unchallenged and required acceptance, the court allowed the petition and granted Letters of Administration, directing the petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period and the office to verify, before issuance of the grant, that no cross-petition or caveat was pending.

2 30.TP/1962/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 06th February, 2025

FOR COMPLIANCE:

TP/1962/2024 P. C. Shri. Shivam Laturiya i/b APS Law Associates 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 Praveen Kumar Karkada (For short “Said deceased”). The petitioner, namely Audrey Sylvia Karkada, 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 13/02/2022 at Rajasathan 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 treated as uncontested one.

2 30.TP/1962/2024

Legal heirof 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.

The petitioner being birth patent of the minor has filed affidavit. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, namely Jonh, as the petitioner is the birth parent of said minor.

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 Indian Succession Act, 1925, the petitioner, being Widow 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,

06th February, 2025 Officer on Special Duty, with Testamentary Department