Varinder Singh Amrjit Singh Bhul vs Amarjeet Singh… — Succession and Inheritance | Bombay HC (2025)

Varinder Singh Amrjit Singh Bhul vs Amarjeet Singh… — 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, under the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath within stipulated period; office to verify absence of any pending cross-petition or caveat before issuance of the grant.

¶Order clause 1

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner for the properties left by the deceased. +1 more

Court's answer

As the citation period expired with no appearance resisting the claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.

Ratio / Principle

The facts stated by the petitioner on oath having remained unchallenged were required to be accepted.

Key takeaways

Petition allowed; Letters of Administration 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 within the stipulated period and office verification that no cross-petition or caveat is pending before issuance of the grant.ratio¶Order clause 1
The petitioner, being the sole class-I heir of the deceased, was exempted from furnishing the administrative bond in view of the Court's earlier orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.ratio¶5

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (O.S.) — Shri. P. A. Jagdale, OSD — 52.TP/218/2025, order dated 23rd April 2025: Letters of Administration granted under the Indian Succession Act, 1925 to petitioner VARINDER SINGH AMARIJIT SINGH BHUL, son and sole class-I heir of the deceased AMARJEET SINGH @ AMARJIT SINGH KARAM SINGH BHOOL (died 10-08-2014 at Mumbai), in respect of properties shown in Schedule-I of the petition. Citation affixed on the High Court and Collector's Office notice boards under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 expired without any objection; notice to Collector issued under Rule 396; delay explained vide Rule 382; petition treated as uncontested. Petitioner exempted from furnishing administrative bond in view of orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP/2918/2023. Counsel's submission invoked the Hindu Succession Act, 1956. Grant made subject to filing of account as per Petitioner's Oath and office verification that no cross-petition or caveat is pending. Order endorsed as modified/corrected per speaking-to-minutes order dated 05.05.2025.

2 52.TP/218/2025

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

FOR COMPLIANCE:

TP/218/2025 P. C. Ms. Jannat Yadav Ld. Advocate for the Petitioner : (AMH20210052010 C202400012)

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 AMARJEET SINGH @ AMARJIT SINGH KARAM SINGH BHOOL (For short “Said deceased”). The petitioner, namely VARINDER SINGH AMARIJIT SINGH BHUL 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 10-08-2014 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. 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

This order is modified/ corrected as per the order of the speaking to the minutes dated 05.05.2025

2 52.TP/218/2025

brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is 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 and in TP/2918/2023, 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.

23rd April 2025

Officer on Special Duty,

with Testamentary Department

This order is modified/ corrected as per the order of the speaking to the minutes dated 05.05.2025