Allowed¶18

Pukhraj Ramlal Lohar v. Devilal Hiralal Lohar Alias Deva Hira (Deceased)

Bombay HC14 Feb 2025TP/2292/2024

Case brief

AI extract

What is this about?

Letters of Administration; Indian Succession Act, 1925; Hindu Succession Act, 1956; testamentary petition; uncontested petition; nephew of deceased; Rule 382; Rule 396; Rule 397(1) and (4); Bombay High Court (O.S.) Rules, 1980; administration bond Form No. 118; consent affidavits of legal heirs; citation notice board Collector Mumbai; deceased died 02/10/2020 Pali Rajasthan; Shri P. A. Jagdale OSD Testamentary Department; 17th March 2025.

What did the court decide?

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 Indian Succession Act, 1925, subject to filing of account and office verification that no cross-petition or caveat is pending before issuance of the grant. ¶18

Pukhraj Ramlal Lohar vs Devilal Hiralal Lohar… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Letters of Administration should be granted to petitioner Pukhraj Ramlal Lohar under the Indian Succession Act, 1925 for the properties left by the deceased Devilal Hiralal Lohar Alias Deva Hira.

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Court's answer

As no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation on the same properties, the petition was treated as uncontested.

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Ratio / Principle

Facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

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Key takeaways

Petition allowed and Letters of Administration ordered to be granted to the petitioner for the properties left by the deceased and shown in the schedule.ratio¶18
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶19
Before issuance of the grant, the office is directed to verify that no cross Petition is pending and no caveat resisting the petition has been filed.ratio

Detailed headnote1 paragraphs

36.TP/2292/2024 — decided 17th March 2025 by Shri P. A. Jagdale, Officer on Special Duty, with Testamentary Department (Bombay High Court): Uncontested petition under the Indian Succession Act, 1925 by Pukhraj Ramlal Lohar for Letters of Administration to the estate of Devilal Hiralal Lohar Alias Deva Hira, who died a widower on 02/10/2020 at Gram - Sodawas, Taluka & District - Pali, Rajasthan, leaving legal heirs shown in paragraph 4 of the petition and properties in Schedule-I. Citation affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai (14 days expired vide Rule 397(1) and (4), BHC (O.S.) Rules, 1980); notice to Collector vide Rule 396; delay explained vide Rule 382; legal heirs consented by affidavit without reserving any right; administration bond filed in prescribed Form No. 118 with surety. Counsel submitted (relying on the Hindu Succession Act, 1956) that the petitioner, being nephew of the deceased, was entitled to seek Letters of Administration. Facts on oath remained unchallenged; petition allowed; Letters of Administration granted for the scheduled properties, with directions to file account as per the Petitioner's Oath and for office verification of no cross-petition/caveat before issuance of the grant.

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1 36.TP/2292/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 17th March 2025

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FOR COMPLIANCE:

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TP/2292/2024 P. Shri. Kailash Rathod Ld. Advocate for the Petitioner C. : [Original]

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(ECHCBM0204463 2024)with

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CHOL/528/2024

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(ECHCBM0212961 2024)

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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 Devilal Hiralal Lohar Alias Deva Hira (For short “Said deceased”). The petitioner, namely Pukhraj Ramlal Lohar, has filed documents.

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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.

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Said deceased died as a Widower on 02/10/2020 at Gram - Sodawas, Taluka & District - Pali, Rajasthan, 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.

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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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2 36.TP/2292/2024

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treated as uncontested one.

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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.

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1. Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

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Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being nephew 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:

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ORDER

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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.

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

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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.

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17th March 2025 Officer on Special Duty, with Testamentary Department

Pukhraj Ramlal Lohar v. Devilal Hiralal Lohar Alias Deva Hira (Deceased)

Case brief

What is this about?

What did the court decide?

Pukhraj Ramlal Lohar v. Devilal Hiralal Lohar Alias Deva Hira (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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