Ajay Nilkanth Karulkar and Anr. vs Snehalata… — Succession and Inheritance | Bombay HC (2025)

Ajay Nilkanth Karulkar and Anr. vs Snehalata… — 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 as per the provisions of the Indian Succession Act, 1925; petitioners 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 Letters of Administration should be granted to the petitioners for the properties left by the deceased Snehalata Yashwant Karulkar under the provisions of the Indian Succession Act, 1925.

Court's answer

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

Ratio / Principle

The facts stated by the petitioners 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.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty) — 37.TP/2583/2024, decided 03rd April 2025. Uncontested petition under the Indian Succession Act, 1925 by Ajay Nilkanth Karulkar and Prashant Parshuram Karulkar, described as nephews of the deceased, for Letters of Administration to the properties left by Snehalata Yashwant Karulkar, a spinster who died on 04/02/2020 at Panvel, Dist. Raigad. Citation duly published on the High Court and Collector's Office notice boards (Rules 396 and 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); no opposition or pending litigation reported; all legal heirs consented by affidavit without reserving any right; administration bond in prescribed form No. 118 with surety filed. Held: facts deposed on oath by the petitioners and heirs remained unchallenged and were accepted; petition allowed and Letters of Administration granted for the scheduled properties, subject to filing of account in the Petitioner's Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

2 37.TP/2583/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd April 2025

FOR COMPLIANCE:

TP/2583/2024 P. Ms. Pournima Bandri i/b Sagar Batavia Ld. Advocate for the C. : with Petitioner

with

IA/2565/2024

(ECHCBM0222864 2023)

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 Snehalata Yashwant Karulkar (For short “Said deceased”). The petitioners, namely (1) Ajay Nilkanth Karulkar, (2) Prashant parshuram Karulkar, have 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 Spinster on 04/02/2020 at Panvel, Dist. Raigad leaving behind her 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. 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 brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

2 37.TP/2583/2024

treated as uncontested one.

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.

1. Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Nephews of the deceased, are 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:

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,

03rd April 2025 Officer on Special Duty, with Testamentary Department