Renu Kumar vs Gaurav Kumar (Deceased) — Succession and Inheritance | Bombay HC (2025)

Renu Kumar vs Gaurav Kumar (Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner, Renu Mahesh Kumar, for the properties left by the deceased and shown in the schedule, as per the provisions of the Indian Succession Act, 1925, subject to (i) filing of an account as undertaken in the Petitioner's Oath within the stipulated period, and (ii) office verification, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioner, Renu Mahesh Kumar (mother of the deceased Gaurav Kumar), is entitled to Letters of Administration for the properties left by the deceased, under the Indian Succession Act, 1925. +1 more

Court's answer

In view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the mother of the deceased, is entitled to seek Letters of Administration; the facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and required to be accepted, and accordingly the petition deserves to be allowed as prayed for.

Ratio / Principle

As citation was duly published, notice was given to the Collector, and till date no one appeared to resist the petitioner's claim nor was any pending litigation concerning the same properties brought to notice, the petition is treated as an uncontested petition.

Key takeaways

Petition allowed: Letters of Administration to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format as per the provisions of the Indian Succession Act, 1925.ratio¶13
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶14
Before issuance of the grant, the office is to verify that no cross-petition is pending and that no caveat resisting the petition has been filed.ratio

Detailed headnote1 paragraphs

Succession — Letters of Administration — Indian Succession Act, 1925 — Uncontested testamentary petition by Renu Mahesh Kumar, mother of the deceased Gaurav Kumar (died 18-03-2021 at Mumbai), for administration of the properties scheduled in the petition — Citation affixed on the Hon'ble High Court and Collector's Office notice boards, 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to Collector under Rule 396 — No objector appeared and no pending litigation reported; legal heir consented by affidavit without reserving any right; administration bond filed in prescribed form No. 118 with surety — Facts sworn by petitioner and heir remained unchallenged; submission accepted that under the Hindu Succession Act, 1956 the mother of the deceased is entitled to seek Letters of Administration — Petition allowed; Letters of Administration granted, subject to filing of account as undertaken in the Petitioner's Oath and office verification of absence of cross-petition or caveat before issuance of the grant.

1 28.TP/225/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 19th June 2025

FOR COMPLIANCE:

28.TP/ P.C Ms. Mayura Maru, Ld. Advocate for the 225/2024 . Petitioner.

1) 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 Gaurav Kumar (For short “Said deceased”). The petitioner, namely Renu Mahesh Kumar, 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 on 18-03-2021 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. 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,

2 28.TP/225/2024

the petition is 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.

6) 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 Mother 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.

19th June 2025 Officer on Special Duty, with Testamentary Department