Akiff Suleman Hooda vs Suleman Sadruddin Hooda… — Succession and Inheritance | Bombay HC (2025)

Akiff Suleman Hooda vs Suleman Sadruddin Hooda… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration (De-bonis non) 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 to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, Akiff Suleman Hooda (son of the deceased Suleman Sadruddin Hooda), for the properties left by the deceased, under the Indian Succession Act, 1925.

Court's answer

As no one appeared to resist the petitioner's claim during the citation period and nothing was brought to notice regarding pending litigation over the same properties, the petition was treated as uncontested.

Ratio / Principle

The facts stated by the petitioner and the heir 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

Petition allowed; Letters of Administration (De-bonis non) 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¶¶15
The petitioner was directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶¶16
Before issuance of the grant, the office was directed to verify that no cross petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Testamentary Petition (TP) under the Indian Succession Act, 1925 for Letters of Administration (de bonis non) to the estate of Suleman Sadruddin Hooda, who died married on 28/04/2021 at Mumbai, filed by his son Akiff Suleman Hooda. Citation was affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice issued to the Collector under Rule 396; no one appeared to resist the claim and no pending litigation over the properties was brought to notice, so the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and an administration bond in prescribed form No. 118 with surety was filed. Counsel relied on the Mohammedan Law (Shariat) Act, 1937 to urge the petitioner's entitlement as son of the deceased. Holding the sworn facts unchallenged, the Officer on Special Duty, Testamentary Department (Shri. P. A. Jagdale) allowed the petition on 20th February, 2025 and granted Letters of Administration (De-bonis non) for the scheduled properties, directing the petitioner to file an account as undertaken in the oath and the office to verify that no cross petition or caveat was pending before issuance of the grant.

2 47.TP/4147/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 20th February, 2025

FOR COMPLIANCE:

TP/4147/2024 P. Shri. Sudhir Yadav i/b Sangeeta Salvi Ld. Advocate for the C. : 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 SULEMAN SADRUDDIN HOODA (For short “Said deceased”). The petitioner, namely Akiff Suleman Hooda, 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 28/04/2021 at Mum leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioner/s 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 47.TP/4147/2024

treated as uncontested one.

Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

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 MOHAMMEDAN LAW-(SHARIAT) ACT, 1937, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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 (De-bonis non) 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.

20th February, 2025 Officer on Special Duty, with Testamentary Department