Namitha Shyamaprasad Dhar vs Shyama Prasad… — Succession and Inheritance | Bombay HC (2025)

Namitha Shyamaprasad Dhar vs Shyama Prasad… — 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 and no caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner for the properties left by the deceased Shyama Prasad Dhar under the Indian Succession Act, 1925.

Court's answer

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

Ratio / Principle

The facts stated on oath by the petitioner and the consenting legal heir remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Key takeaways

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 under the Indian Succession Act, 1925, subject to the petitioner filing an account as undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross petition is pending and no caveat resisting the petition is filed.ratio¶17

Detailed headnote1 paragraphs

Testamentary Petition 29.TP/6/2024 under the Indian Succession Act, 1925 (Bombay High Court, Officer on Special Duty with Testamentary Department): Petitioner Namita Shyama Prasad Dhar, stated to be the widow of the deceased Shyama Prasad Dhar (died 22/09/2020 at Mumbai), sought Letters of Administration for the scheduled properties. Citation was affixed on the High Court and Collector's Office (Mumbai) notice boards with 14 days expired under Rule 397(1) and (4), and notice issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; delay explained under Rule 382. No one appeared in resistance and no pending litigation was reported, so the petition was treated as uncontested; the legal heir consented by affidavit without reserving any right, and an administration bond in prescribed Form No. 118 with surety was filed. Held: the facts stated on oath by the petitioner and the heir remained unchallenged and had to be accepted; petition allowed and Letters of Administration granted, subject to filing of account and pre-grant verification that no cross petition or caveat is pending.

1 29.TP/6/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 20^th February, 2025

FOR COMPLIANCE:

TP/6/2024 P. Ms. Pratibha Tiwari i/b Utsav Gosh Ld. Advocate for the C. : [Original] Petitioner

[Original]

(ECHCBM021337 82023)

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 Shyama Prasad Dhar (For short “Said deceased”). The petitioner, namely Namita Shyama Prasad Dhar, has filed documents.

2) 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.

3) Said deceased died as a Married on 22/09/2020 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. The delay has been explained vide Rule 382 of the Rules.

4) 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

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treated as uncontested one.

5) 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.

7) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, 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.

2) The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

3) 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,

20th February, 2025 Officer on Special Duty, with Testamentary Department