Ramesh Narayan Kulkarni vs Arvind N Kulkarni alais… — Succession and Inheritance | Bombay HC (2025)

Ramesh Narayan Kulkarni vs Arvind N Kulkarni alais… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners (Ramesh Narayan Kulkarni and Medha Prafullachandra Chaubal) for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioners to file the account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioners, Ramesh Narayan Kulkarni and Medha Prafullachandra Chaubal (brother and sister of the deceased Arvind Narayan Kulkarni alias Arvind N. Kulkarni), are entitled to be granted Letters of Administration, under the Indian Succession Act, 1925, for the properties left by the deceased and shown in Schedule I. +1 more

Court's answer

Citation having been duly published for 14 days with notice to the Collector, and nobody having appeared to resist the claim nor anything having been brought to notice regarding pending litigation over the same properties, the petition was treated as uncontested.

Ratio / Principle

All the legal heirs of the deceased being petitioners (per the Order passed in TP No. 2918/2023), the petitioners stood exempted from furnishing the surety bond.

Key takeaways

The facts stated by the petitioners on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶12
The petition was allowed and Letters of Administration were directed to be granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶14

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department) — 42.TP/2368/2025, decided 24th November 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petitioners Ramesh Narayan Kulkarni (brother) and Medha Prafullachandra Chaubal (sister) applied under the Indian Succession Act, 1925 for Letters of Administration to the estate of Arvind Narayan Kulkarni alias Arvind N. Kulkarni, who died on 09-10-2021 at Mumbai. Citation duly published and 14 days expired vide Rule 397(1) and (4), with notice to the Collector vide Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no opposition appeared and no pending litigation reported, so the petition was treated as uncontested; delay explained vide Rule 382; heirs exempt from the surety bond as all legal heirs are petitioners (in view of the Order in TP No. 2918/2023). Counsel urged entitlement under the Hindu Succession Act, 1956 as brother and sister of the deceased; the sworn facts remaining unchallenged, the petition was allowed and Letters of Administration granted with effect throughout the State of Maharashtra, subject to filing of the account undertaken in the Petitioner's Oath and office verification that no cross-petition or caveat is pending.

1 42.TP/2368/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 24th November 2025

FOR COMPLIANCE:

TP/2368/2025 P. C. : Shri. Sudhir Yadav i/b Vijay Nene Ld. Advocate for the (AMH20230011185 Petitioner C202400001)

P.C.:

Petitioners, namely (1) Ramesh Narayan Kulkarni & (2) Medha Prafullachandra Chaubal, have applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely Arvind Narayan Kulkarni alias Arvind N. Kulkarni (For short “Said deceased”).

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

Said deceased died as a married on 09-10-2021 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state that there are no other legal heirs to the deceased, except heirs shown in the petition. The deceased left properties shown in 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 the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

In view of the Order, passed in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the surety Bond.

2 42.TP/2368/2025

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner No. 1 being brother and No. 2 being sister of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, on oath, remained unchallenged and required to be accepted. Accordingly, the 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 petitioners for properties, left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

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

1. Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

24th November 2025

Officer on Special Duty, with the Testamentary Department