Dnyaneshwar Vithhal Jagtap vs Shankar Kisan Jagtap… — Succession and Inheritance | Bombay HC (2025)

Dnyaneshwar Vithhal Jagtap vs Shankar Kisan Jagtap… — 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; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office directed to verify that no cross-petition is pending or caveat resisting the petition is filed before issuance of the grant.

Issue for consideration

Whether the petitioner, being the nephew of the deceased Shankar Kisan Jagtap, is entitled to be granted Letters of Administration for the properties left by the deceased under the provisions of the Indian Succession Act, 1925 read with the Hindu Succession Act, 1956. +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 the 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.

Key takeaways

Since nobody appeared to resist the claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.ratio¶12

Detailed headnote1 paragraphs

Bombay High Court, Testamentary jurisdiction — Order dated 17th April 2025 by Shri P. A. Jagdale, Officer on Special Duty with the Testamentary Department, in T.P. 13.TP/2825/2024: Letters of Administration under the Indian Succession Act, 1925 were granted to Dnyaneshwar Vithhal Jagtap, nephew of the deceased Shankar Kisan Jagtap (who died a widower on 10/09/1996 at Mumbai), for the properties shown in Schedule-I of the petition; counsel's entitlement claim rested on the Hindu Succession Act, 1956 (recorded as counsel's submission, accepted by the court). Citation was duly affixed on the High Court and Collector's Office notice boards and 14 days expired under Rules 397(1) and (4), and notice was issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; nobody opposed and no pending litigation was brought to notice, so the petition was treated as uncontested. The legal heirs had consented by affidavits without reserving any right, and an administration bond in prescribed form No. 118 with surety was filed. Directions: petitioner to file an account as undertaken in his oath; office to verify absence of cross-petition or caveat before issuance of the grant.

2 13.TP/2825/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 17th April 2025

FOR COMPLIANCE:

TP/2825/2024 P. Shri. Shivam Laturiya i/b APS Law Associates Ld. Advocate C. : with for the Petitioner

IA/2799/2024

(ECHCBM0204963 2024)

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 Shankar Kisan Jagtap (For short “Said deceased”). The petitioner, namely Dnyaneshwar Vithhal Jagtap, 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 Widower on 10/09/1996 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. 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 13.TP/2825/2024

pertaining to the same properties. Hence, the petition is 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. 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, 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.

17th April 2025 Officer on Special Duty, with Testamentary Department