Lakshmi Harish Kariya vs Harish Ramji Karia Alias… — Succession and Inheritance | Bombay HC (2025)

Lakshmi Harish Kariya vs Harish Ramji Karia Alias… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Lakshmi Harish Kariya for the Schedule-I properties left by the deceased Harish Ramji Karia alias Harish Ramji Kariya; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify before issuance of the grant that no cross-petition is pending or caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner, widow of the deceased, for the properties left by the deceased. +1 more

Court's answer

Petition allowed and Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

As 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 an uncontested one.

Key takeaways

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were accordingly required to be accepted.ratio¶¶13

Detailed headnote1 paragraphs

Uncontested testamentary petition (27.TP/4501/2024) decided 03rd February, 2025 by Shri. P. A. Jagdale, Officer on Special Duty, with Testamentary Department: Letters of Administration granted under the Indian Succession Act, 1925 to petitioner Lakshmi Harish Kariya, widow of deceased Harish Ramji Karia alias Harish Ramji Kariya (who died as a married man on 25-12-2021 at Mumbai), for the properties shown in Schedule-I of the petition. Citation was affixed at the High Court and the Collector's Office, Mumbai with the 14-day period expiring under Rule 397(1) and (4), and notice served on the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no opposition, caveat or pending litigation relating to the same properties surfaced. All legal heirs (listed in paragraph No. 4 of the petition) consented by affidavit without reserving any right; administration bond in prescribed form No. 118 filed with surety. Counsel relied on the Hindu Succession Act, 1956 for the petitioner's widow entitlement; sworn facts of petitioner and heirs remained unchallenged. Conditions imposed: petitioner to file account as undertaken in her oath within the stipulated period, and office to verify absence of any cross-petition or caveat before issuance of the grant.

1 27.TP/4501/2024

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

FOR COMPLIANCE:

TP/4501/2024 P. C. Shri. Manoj Mane Ld. Advocate for the 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 Harish Ramji Karia alias Harish Ramji Kariya (For short “Said deceased”). The petitioner, namely Lakshmi Harish Kariya, 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 25-12-2021 at Mumbai leaving behind him 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

1 27.TP/4501/2024

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 Widow 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,

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