Pooja Vijay Bathija vs Savitri Ramchand Kukreja — Succession and Inheritance | Bombay HC (2025)

Pooja Vijay Bathija vs Savitri Ramchand Kukreja — 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; the petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period; and before issuance of the grant, the office is to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being the daughter and sole heir of the deceased Savitri Ramchand Kukreja alias Savitri R. Kukreja, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

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

Ratio / Principle

The petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond, in view of the orders passed by the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶12

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri. P. A. Jagdale, Officer on Special Duty) — T.P. No. 52.TP/3143/2025, decided 11th September, 2025. Pooja Vijay Bathija, daughter and sole heir of the deceased Savitri Ramchand Kukreja alias Savitri R. Kukreja (who died a widow on 13-11-2020 at Mumbai), petitioned for Letters of Administration under the Indian Succession Act, 1925 for the estate listed in Schedule-I. Delay was explained vide Rule 382; citation was affixed on the High Court and Collector's Office notice boards with 14 days expiring vide Rule 397(1) and (4), and notice was issued to the Collector vide Rule 396, of the Bombay High Court (O.S.) Rules, 1980. No objector appeared and no pending litigation was reported, so the petition was treated as uncontested. In view of prior orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner was exempted from furnishing the administrative bond. Counsel invoked the Hindu Succession Act, 1956 for the daughter's entitlement. The petition was allowed and Letters of Administration granted, subject to filing of the account undertaken in the Petitioner's Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

2 52.TP/3143/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 11th September, 2025

FOR COMPLIANCE:

TP/3143/2025 P. Shri. Sushil Inamdar i/b A. B. Shrikhande Ld. Advocate for C. : (AMH20240128866 the Petitioner C202500023)

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 Savitri Ramchand Kukreja alias Savitri R. Kukreja (For short “Said deceased”). The petitioner, namely Pooja Vijay Bathija, 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 Widow on 13-11-2020 at Mumbai leaving behind her 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 pertaining to the same properties. Hence, the petition is

2 52.TP/3143/2025

treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner being the sole heir of the deceased is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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,

11th September, 2025 Officer on Special Duty, with Testamentary Department