Rupesh Shrikant Salkar vs Ramdas Vitthoba Salkar… — Succession and Inheritance | Bombay HC (2025)

Rupesh Shrikant Salkar vs Ramdas Vitthoba Salkar… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Rupesh Shrikant Salkar for the properties left by the deceased and shown in the schedule, 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; 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 petitioner Rupesh Shrikant Salkar for the properties left by the deceased Ramdas Vithoba Salkar alias Ramdas Vitthal Salkar, under the provisions of the Indian Succession Act, 1925. +1 more

Court's answer

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

Ratio / Principle

The facts stated on oath by the petitioner and the heir of the deceased remained unchallenged and were required to be accepted; accordingly, the petition deserves to be allowed as prayed for, the petitioner being the nephew of the deceased (son of his since-deceased brother) under the provisions of the Hindu Succession Act, 1956.

Key takeaways

The petition is allowed and Letters of Administration shall be granted to the petitioner 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¶15

Detailed headnote1 paragraphs

Testamentary – Letters of Administration – Indian Succession Act, 1925 – Petition by Rupesh Shrikant Salkar, nephew (son of since-deceased brother) of the deceased Ramdas Vithoba Salkar alias Ramdas Vitthal Salkar, who died a widower on 12-09-2018 at Mumbai – Citation duly affixed on notice boards of the High Court and Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980; notice issued to Collector under Rule 396; no appearance against the claim; petition treated as uncontested – Legal heir consented by affidavit without reserving any right – Administration bond filed in Form No. 118 with surety – Entitlement under Hindu Succession Act, 1956; facts on oath unchallenged – Petition allowed; Letters of Administration granted, subject to office verification of no cross-petition/caveat before issuance of the grant.

1 28.TP/275/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 26th June 2025

FOR COMPLIANCE:

TP/275/2024 P.C. Ms. Sujata Poplakar i/b. Milind T. Shewale, Ld. Advocate for the 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 Ramdas Vithoba Salkar alias Ramdas Vitthal Salkar (For short “Said deceased”). The petitioner, namely Rupesh Shrikant Salkar, has 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 Widower on 12-09-2018 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 and Rider-B 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.

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

2 28.TP/275/2024

pertaining to the same properties. Hence, the petition is treated as uncontested one.

Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has 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 nephew of the deceased(son of since deceased brother), is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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.

26th June 2025 Officer on Special Duty, with Testamentary Department