Amit Santosh Tiwari vs Santosh Shivnath Tiwari — Succession and Inheritance | Bombay HC (2025)

Amit Santosh Tiwari vs Santosh Shivnath Tiwari — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, in prescribed format under the Indian Succession Act, 1925; petitioners directed to file an 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, sons of the deceased Santosh Shivnath Tiwari, are entitled to grant of Letters of Administration in respect of the properties left by the deceased under the Indian Succession Act, 1925.

Court's answer

The petition is allowed and Letters of Administration shall be granted to the petitioners 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 / Principle

Since no one appeared to resist the claim of the petitioners and nothing was brought to the notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.

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¶11
All legal heirs of the deceased being the petitioners, they are exempted from furnishing the surety bond in view of the order passed in TP No. 2918/2023.ratio¶10

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925 — Petition by the two sons of the deceased, Santosh Shivnath Tiwari, who died at Mumbai on 01/03/2023 leaving legal heirs shown in paragraph 4 of the petition and properties shown in Schedule-I — Citation duly affixed on the Notice Board of the Hon'ble High Court and the Notice Board of the Collector's Office at Mumbai, 14 days expired under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice issued to the Collector under Rule 396; affidavit filed — No one appeared to resist the claim and no pending litigation concerning the same properties was brought to notice; petition treated as uncontested — All legal heirs of the deceased being the petitioners, they were exempted from furnishing the surety bond in view of the order in TP No. 2918/2023 — Entitlement urged under the Hindu Succession Act, 1956 as sons of the deceased; facts stated on oath unchallenged and accepted — Held: petition allowed; Letters of Administration granted for the scheduled properties; petitioners to file account as undertaken in the Petitioner's Oath within stipulated period; office to verify absence of any cross petition or caveat before issuance of the grant.

1 66.TP/2373/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 20th August, 2025

FOR COMPLIANCE:

66.TP/2373/2025 P. Ajit V Mandlik i/b Ganesh Dumbre(P),, Ld. Advocate for the (On-line filing) C. : 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 Santosh Shivnath Tiwari (For short “Said deceased”). The petitioners, namely 1). Amit Santosh Tiwari & 2) Ankit Santosh Tiwari, have 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. Ld. advocate for the petitioner has filed an affidavit of the petitioner along with the copy of the death certificate of the mother of the deceased.

Said deceased died as a married on 01/03/2023 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.

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

2 66.TP/2373/2025

brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

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

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu succession Act, 1956, the petitioner, being Sons of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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 petitioners 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 petitioners 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,

20th August, 2025 Officer on Special Duty, with Testamentary Department