Sanjay Ramdeep Yadav vs Chandrapati Ramdeep Yadav… — Succession and Inheritance | Bombay HC (2025)

Sanjay Ramdeep Yadav vs Chandrapati Ramdeep Yadav… — 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, subject to the office verifying absence of any cross petition or caveat before issuance of the grant and the petitioner filing an account as undertaken in the Petitioner's Oath.

Issue for consideration

Whether the petitioner is entitled to grant of Letters of Administration, under the Indian Succession Act, 1925, for the properties left by the deceased Chandrapati Ramdeep Yadav and shown in Schedule-I of the petition.

Court's answer

As till the date of order no one had appeared to resist the petitioner's claim and nothing had been brought to the notice of the court regarding pending litigation pertaining to the same properties, the petition was treated as an uncontested one.

Ratio / Principle

The facts stated by the petitioner and the heirs of the deceased, on oath, having remained unchallenged, were required to be accepted; accordingly the court concluded that the petition deserved to be allowed as prayed for.

Key takeaways

The legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration to the petitioner without reserving any right, and accepted the facts regarding their relationship inter se.ratio¶11
The petitioner was 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 is to verify that no cross petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Uncontested testamentary petition (56.TP/2167/2025) before Shri. P. A. Jagdale, Officer on Special Duty, with Testamentary Department, decided on 22nd July 2025. Petitioner Sanjay Ramdeep Yadav sought Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule-I left by the deceased Chandrapati Ramdeep Yadav, who died as a widow on 13-09-2014 at Mehura, Dist. Jaunpur, Uttar Pradesh, leaving the legal heirs shown in paragraph 4 of the petition. Citation was affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396; delay was explained under Rule 382. No one resisted the claim and no pending litigation concerning the same properties was brought to notice, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed an administration bond in prescribed form No. 118 with surety. Counsel for the petitioner contended entitlement under the Hindu Succession Act 1956 as son of the deceased; the court held that the facts stated on oath by the petitioner and heirs remained unchallenged and required acceptance, allowed the petition, and granted the Letters of Administration, directing the petitioner to file an account as undertaken in the Petitioner's Oath and the office to verify that no cross petition or caveat was pending before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 22nd July 2025

FOR COMPLIANCE:

TP/2167/2025 P. C. Shri. Ajay Tripathi 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 Chandrapati Ramdeep Yadav (For short “Said deceased”). The petitioner, namely Sanjay Ramdeep Yadav, has filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 13-09-2014 at Mehura, Dist. Jaunpur, Uttar Pradesh 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.

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.

Legal heirs of the deceased have consented by way of 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.

1. 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 Son 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.

Officer on Special Duty,

22nd July 2025 Officer on Special Duty, with Testamentary Department