Sandeep Kisan Chavan vs Kisan Ramchandra Chavan… — Succession and Inheritance | Bombay HC (2025)

Sandeep Kisan Chavan vs Kisan Ramchandra Chavan… — 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; before issuance of the grant, the office to verify that no cross petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner Sandeep Kisan Chavan, under the Indian Succession Act, 1925, for the properties left by the deceased Kisan Ramchandra Chavan and shown in Schedule-I of the petition.

Court's answer

As citation was duly issued and 14 days expired, notice was issued to the Collector, no one 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 / Principle

The 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, and Letters of Administration were granted to the petitioner for the scheduled properties under the Indian Succession Act, 1925.

Detailed headnote1 paragraphs

Testamentary Petition 34.TP/313/2024, decided 16th January 2025 by Shri P. A. Jagdale, Officer on Special Duty, with Testamentary Department. Petition under the Indian Succession Act, 1925 by Sandeep Kisan Chavan for Letters of Administration to the properties left by the deceased Kisan Ramchandra Chavan, who died a married man on 26/02/2020 at Navi Mumbai leaving the legal heirs shown in paragraph 4 of the petition; delay explained vide Rule 382 of the Rules. Citation was affixed on the Hon'ble High Court and the Collector's Office notice board at Mumbai with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector under Rule 396 of the BHC Rules; no one appeared to resist the claim and no pending litigation concerning the properties was brought to notice, so the petition was treated as uncontested. Legal heirs consented by affidavits without reserving any right, and the petitioner filed an administration bond in prescribed Form No. 118 with surety. Counsel urged that, in view of the Hindu Succession Act, 1956, the petitioner, being the son of the deceased, was entitled to seek Letters of Administration; the facts stated on oath having remained unchallenged, the petition was allowed and Letters of Administration granted for the scheduled properties, subject to the petitioner filing an account as undertaken in the Petitioner's Oath and office verification that no cross petition or caveat is pending before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 16th January 2025

FOR COMPLIANCE:

TP/313/2024 P. C. Ms. Shubhangi Bhangera 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 Kisan Ramchandra Chavan (For short “Said deceased”). The petitioner, namely Sandeep Kisan Chavan, 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 Married on 26/02/2020 at Navi 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 conspicuous part 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

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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 son 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.

Officer on Special Duty,

16th January 2025 Officer on Special Duty, with Testamentary Department