Asha Santoshkumar Singh vs Santosh Durgavijay… — Succession and Inheritance | Bombay HC (2025)

Asha Santoshkumar Singh vs Santosh Durgavijay… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner ASHA SANTOSHKUMAR SINGH, widow of the deceased Santosh Durgavijay Singh, for the properties left by the deceased and shown in the schedule (Schedule-I), under the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and to the office verifying, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether Asha Santoshkumar Singh, widow of the deceased Santosh Durgavijay Singh, is entitled to and should be granted Letters of Administration for the deceased's estate under the Indian Succession Act, 1925. +1 more

Court's answer

Letters of Administration were granted to the widow-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 / Principle

No one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation pertaining to the same properties; the court therefore treated the petition as uncontested.

Key takeaways

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the court concluded that the petition deserved to be allowed as prayed for.ratio¶13
As an incident of the grant, the petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office must verify that no cross-petition is pending and that no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department) - Compliance Order dated 23 April 2025 on Testamentary Petition 51.TP/208/2025, before Shri P. A. Jagdale, Officer on Special Duty: Asha Santoshkumar Singh, widow of Santosh Durgavijay Singh (who died married on 24-07-2024 at Mumbai), petitioned for Letters of Administration under the Indian Succession Act, 1925 for the deceased's Schedule-I properties. Citation affixed on the High Court and Mumbai Collector's Office notice boards completed the 14-day period under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 without any objector or disclosure of pending litigation; the legal heirs consented by affidavit without reserving any right, and an administration bond in prescribed form No. 118 with surety was filed. Treating the petition as uncontested and the sworn facts as unchallenged and accepted, the court allowed the petition and granted Letters of Administration, directing the petitioner to file the account undertaken in her oath within the stipulated period and the office, before issuance of the grant, to verify that no cross-petition is pending or caveat filed.

1 51.TP/208/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 23rd April 2025

FOR COMPLIANCE:

TP/208/2025 P. C. Shri. Udyaan Mukharjee Ld. Advocate for the Petitioner : (AMH20240131634 C202400001)

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 Santosh Durgavijay Singh (For short “Said deceased”). The petitioner, namely ASHA SANTOSHKUMAR SINGH, 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 24-07-2024 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 treated as uncontested one.

Legal heirs of the deceased have consented by way of

2 51.TP/208/2025

Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

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 Widow 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.

23rd April 2025 Officer on Special Duty, with Testamentary Department