Baban Dattatray Shetake vs Dattu Alias Dattatray… — Succession and Inheritance | Bombay HC (2025)

Baban Dattatray Shetake vs Dattu Alias Dattatray… — 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, in prescribed format under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration ought to be granted to the petitioner for the properties left by the deceased Dattu @ Dattatray Nana @ Nanaji Shetake under the Indian Succession Act, 1925. +1 more

Court's answer

Till the date of the order no one had appeared to resist the petitioner's claim and nothing had been brought to the notice of the court regarding pending litigation pertaining to the same properties; the petition was therefore treated as uncontested.

Ratio / Principle

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; the petitioner, being the son of the deceased and claiming under the Hindu Succession Act, 1956, was entitled to seek Letters of Administration, and the petition deserved to be allowed as prayed for.

Key takeaways

The petition was allowed and Letters of Administration were ordered to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925.ratio¶ORDER-1

Detailed headnote1 paragraphs

Testamentary Petition 67.TP/4541/2024, Bombay High Court (Testamentary Department), decided 08th January 2025 by Shri P. A. Jagdale, Officer on Special Duty. Uncontested petition under the Indian Succession Act, 1925 for grant of Letters of Administration to the properties left by Dattu @ Dattatray Nana @ Nanaji Shetake, who died on 26-06-2010 at Kolhapur leaving the legal heirs named in paragraph 4 of the petition. The citation was duly affixed on the conspicuous part of the Hon'ble High Court and the notice board of the Collector's Office at Mumbai and 14 days expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector vide Rule 396; no objection or pending litigation concerning the same properties was reported, so the petition was treated as uncontested. All legal heirs consented by affidavits without reserving any right, and an administration bond in prescribed form No. 118 with surety was filed. Holding that the facts stated on oath remained unchallenged and that the petitioner — son of the deceased, entitled under the Hindu Succession Act, 1956 — could seek the grant, the court allowed the petition, granted Letters of Administration in the prescribed format, directed the petitioner to file an account as undertaken in the Petitioner's Oath, and required the office to verify, before issuance of the grant, that no cross petition was pending and no caveat resisting the petition was filed.

1 67.TP/4541/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th January 2025

FOR COMPLIANCE:

TP/4541/2024 P. C. Ms. Sonali Kulye i/b KUNAL SUNIL JADHAV Ld. Advocate for [Original] : the Petitioner

[Original] (ECHCBM0213747 2024)

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 Dattu @ Dattatray Nana @ Nanaji Shetake (For short “Said deceased”). The petitioner, namely Baban Dattatray Shetake, 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 26-06-2010 at Kolhapur 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. The delay has been explained vide Rule 382 of the Rules.

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

2 67.TP/4541/2024

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,

08th January 2025 Officer on Special Duty, with Testamentary Department