Rama Rao Vallae s/o Veera Venkaiah vs v Terumalesh… — Succession and Inheritance | Bombay HC (2025)

Rama Rao Vallae s/o Veera Venkaiah vs v Terumalesh… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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 provisions of the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration for the properties left by the deceased should be granted to the petitioner under the provisions of the Indian Succession Act, 1925. +1 more

Court's answer

Petition allowed; 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 provisions of the Indian Succession Act, 1925.

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.

Detailed headnote1 paragraphs

Uncontested testamentary petition (48.TP/274/2025) under the Indian Succession Act, 1925 before Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department, decided 25th June 2025. Petitioner Rama Rao Vallae, father of the deceased V Tirumalesh V. Ramarao alias VeIIai Tirumalesh alias Vallae Tirumalesh, who died a bachelor on 15-01-1990 at Mumbai, sought Letters of Administration for the schedule-I properties. The deceased's mother, Saroja Rao Vallae, died on 11.08.2009, and the legal heirs claiming through her consented by affidavits without reserving any right. Citation was affixed on the High Court and Collector's Office notice boards and 14 days expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector vide Rule 396; delay was explained vide Rule 382; and an administration bond in prescribed form No. 118 with surety was filed. No one resisted the claim. Counsel contended, invoking the Hindu Succession Act 1956, that the petitioner as father was entitled to apply. Petition allowed; Letters of Administration granted; petitioner to file account as undertaken in his oath; office to verify absence of any cross-petition or caveat before issuing the grant.

1 48.TP/274/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th June 2025

FOR COMPLIANCE:

48.TP/274/2025 P.C. Mr. Sameer Logade, Ld. Advocate for the Petitioner.

with

This is a petition for grant of Letters of Administration, under IPA(L)/35887/20 24 the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely V Tirumalesh V. Ramarao alias VeIIai Tirumalesh alias Vallae Tirumalesh (For short “Said deceased”). The petitioner, namely Rama Rao Vallae s/o. Veera Venkaiah, has filed documents.

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

Said deceased died as a Bachelor on 15-01-1990 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. The deceased was survived by his mother, Saroja Rao Vallae. She died on 11.08.2009. Hence, after her death legal heirs are claiming through her. Deceased left properties shown in the 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 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 48.TP/274/2025

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, inter-se.

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

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

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.

1. The petitioner 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.

25th June 2025 Officer on Special Duty, with Testamentary Department