Kishor Sohanlal Jain vs Dhakubai Sohanlal Jain… — Succession and Inheritance | Bombay HC (2025)

Kishor Sohanlal Jain vs Dhakubai Sohanlal Jain… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Kishor Sohanlal Jain for the properties left by the deceased Dhakubai Sohanlal Jain 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 stipulated period; office to verify absence of any cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, being the son of the deceased Dhakubai Sohanlal Jain, is entitled to grant of Letters of Administration in respect of the properties left by the deceased under the Indian Succession Act, 1925.

Court's answer

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

Ratio / Principle

Facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and are required to be accepted; in view of the provisions of the Hindu Succession Act, 1956, the petitioner, being son of the deceased, is entitled to seek Letters of Administration.

Key takeaways

Petition allowed; 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.ratio¶15
Petitioner 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 is to verify that no cross-petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (O.S.) — T.P. 69/4330/2024, order dated 02nd January 2025 by Shri P. A. Jagdale, Officer on Special Duty: Uncontested petition by Kishor Sohanlal Jain, son of the deceased Dhakubai Sohanlal Jain (who died as a widow on 12-04-2023 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 in respect of the properties in schedule-I of the petition. Citation duly affixed on the Hon'ble High Court and Collector's Office, Mumbai; 14 days expired vide Rule 397(1) and (4) and notice given to the Collector vide Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no objection, caveat or pending litigation reported; legal heirs consented by affidavits without reserving any right; Administration Bond in prescribed form No. 118 filed with surety. Held: facts on oath remaining unchallenged, the petitioner, being son of the deceased, is entitled under the Hindu Succession Act, 1956; petition allowed and Letters of Administration granted, subject to filing of 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 02nd January 2025

FOR COMPLIANCE:

TP/4330/2024 P. Ms. Sharvari Nagvekar Ld. Advocate for the Petitioner C. :

[Original] (ECHCBM0214410 1) This is a petition for grant of Letters of Administration, 2024) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Dhakubai Sohanlal Jain (For short “Said deceased”). The petitioner, namely Kishor Sohanlal Jain, 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 12-04-2023 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 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 treated as uncontested one.

Legal heirs of the deceased have consented by way of

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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.

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.

02nd January 2025 Officer on Special Duty, with Testamentary Department