Tushar Suryakumar Sharma vs Pushpa Suryakumar… — Succession and Inheritance | Bombay HC (2025)

Tushar Suryakumar Sharma vs Pushpa Suryakumar… — 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 to office verification 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 Tushar Suryakumar Sharma for the properties left by the deceased Pushpa Suryakumar Sharma under the Indian Succession Act, 1925. +1 more

Court's answer

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.

Ratio / Principle

As 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 is treated as uncontested.

Key takeaways

The legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration to the petitioner without reserving any right.ratio¶12
The petition is allowed and Letters of Administration are granted to the petitioner for the properties left by the deceased and shown in the schedule, as per the provisions of the Indian Succession Act, 1925.ratio¶16

Detailed headnote1 paragraphs

Testamentary Petition 45.TP/4070/2024 - Letters of Administration under the Indian Succession Act, 1925 sought by Tushar Suryakumar Sharma, son of the deceased Pushpa Suryakumar Sharma (died 20/01/2010 at Mumbai), for the properties shown in Schedule-I - Citation duly affixed on the Notice Board of the High Court and the Collector's Office, Mumbai; 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to Collector issued under Rule 396 - No one appeared to resist the claim and no pending litigation brought to notice; petition treated as uncontested - Legal heirs consented by affidavits without reserving any right - Administration Bond in prescribed Form No. 118 with surety filed - Facts stated on oath remained unchallenged - Held: petition allowed and Letters of Administration granted for the scheduled properties, subject to filing of account as undertaken in the Petitioner's Oath and office verification of no cross-petition or caveat before issuance of the grant.

1 45.TP/4070/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd July 2025

FOR COMPLIANCE:

TP/4070/2024 P. Shri. M R Sherekar i/b Pratham Shiravale Ld. Advocate for C. : [Original] the Petitioner

[Original]

(ECHCBM02178062 023) 1) 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 Pushpa Suryakumar Sharma (For short “Said deceased”). The petitioner, namely Tushar Suryakumar Sharma, 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 Widow on 20/01/2010 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

2 45.TP/4070/2024

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 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.

03rd July 2025 Officer on Special Duty, with Testamentary Department

Officer on Special Duty,