Punit Dinesh Gupta vs Dinesh Amarnath Gupta… — Succession and Inheritance | Bombay HC (2025)

Punit Dinesh Gupta vs Dinesh Amarnath Gupta… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner (Punit Dinesh Gupta) for the properties left by the deceased Dinesh Amarnath Gupta and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; 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 and no caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, son of the deceased Dinesh Amarnath Gupta, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

Having heard the learned advocate and perused the documents, the court found that 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 despite citation and Collector's notice, the petition was treated as uncontested.

Key takeaways

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, in the prescribed format, as per the provisions of the Indian Succession Act, 1925.ratio¶15
The petitioner is 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 that no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Bombay High Court (O.S.), Testamentary Petition No. 72.TP/4531/2024, decided 02nd January 2025 by Shri P. A. Jagdale, Officer on Special Duty (Testamentary Department). Punit Dinesh Gupta, son of the deceased Dinesh Amarnath Gupta (who died on 27-09-2023 at Mumbai), petitioned for Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule-I. Citation was affixed on the High Court and Collector's Office notice boards and 14 days expired under Rule 397(1) and (4), with notice to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; nobody resisted the claim and no pending litigation over the properties was reported. All legal heirs consented by affidavit without reserving any right, and an administration bond in prescribed Form No. 118 with surety was filed. Treating the petition as uncontested and accepting the sworn facts of the petitioner and heirs, the court allowed the petition and granted the Letters of Administration, directing the petitioner to file an account in the Petitioner's Oath and requiring office verification that no cross-petition or caveat exists 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/4531/2024 P. Shri. Amey Sawant i/b Namita Shirke Ld. Advocate for the C. : (AMH20230044071C Petitioner 202400002)

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 Dinesh Amarnath Gupta (For short “Said deceased”). The petitioner, namely Punit Dinesh Gupta, 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 27-09-2023 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

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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.

Officer on Special Duty,

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