Yogeshkumar Goswami vs Shashi Yogesghkumar Goswami… — Succession and Inheritance | Bombay HC (2025)

Yogeshkumar Goswami vs Shashi Yogesghkumar Goswami… — 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, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and subject to the office verifying before issuance of the grant 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 Yogeshkumar Goswami for the properties left by the deceased Shashi Yogesh Goswami under the Indian Succession Act, 1925. +1 more

Court's answer

Petition is allowed and Letters of Administration are 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.

Key takeaways

Since 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¶8

Detailed headnote1 paragraphs

Uncontested testamentary petition (22.TP/3181/2024) under the Indian Succession Act, 1925 for Letters of Administration to the estate of Shashi Yogesh Goswami, who died at Mumbai on 28/09/2023 leaving the legal heirs shown in paragraph 4 of the petition and the Schedule-I properties. The petitioner, Yogeshkumar Goswami, husband of the deceased, claimed entitlement under the Hindu Succession Act, 1956. Citation was affixed on the High Court and Collector's Office notice boards with 14 days expiring under Rule 397(1) and (4), and notice was issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one appeared to resist. All legal heirs consented by affidavits without reserving any right, and the petitioner filed an administration bond in prescribed form No. 118 with surety. Facts stated on oath remaining unchallenged, the Officer on Special Duty (Testamentary Department) allowed the petition and granted Letters of Administration in prescribed format, directing the petitioner to file an account as undertaken in the Petitioner's Oath and requiring the office to verify absence of any cross petition or caveat before issuance of the grant.

1 22.TP/3181/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 05th March 2025

FOR COMPLIANCE:

TP/3181/2024 P. Ms. Chaitali Jadhav i/b Mehul Shah Ld. Advocate for the C. : [Original] Petitioner (ECHCBM0208660 2024) 1) This is a petition for grant of Letters of Administration,

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 Shashi Yogesh Goswami (For short “Said deceased”). The petitioner, namely Yogeshkumar Goswami, 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 28/09/2023 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.

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 22.TP/3181/2024

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 Husband 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,

05th March 2025 Officer on Special Duty, with Testamentary Department