Vikas Gopal Kapila vs Gopal Kishorilal Kapila… — Succession and Inheritance | Bombay HC (2025)

Vikas Gopal Kapila vs Gopal Kishorilal Kapila… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Vikas Gopal Kapila for the properties left by deceased Gopal Kishorilal Kapila and shown in the schedule, in prescribed format under the Indian Succession Act, 1925; administrative bond dispensed with as sole heir; grant subject to the petitioner filing an account as per oath and office verification that no cross petition or caveat is pending before issuance.

Issue for consideration

Whether the petitioner Vikas Gopal Kapila, son of the deceased Gopal Kishorilal Kapila, is entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

In view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.

Ratio / Principle

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

Key takeaways

Petition is allowed and Letters of Administration are granted to the petitioner for the properties left by the deceased and shown in the schedule.ratio¶ORDER-1
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶ORDER-2
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.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (O.S.) — 56.TP/4546/2024, decided 13th January 2025 by Shri P. A. Jagdale, OSD with Testamentary Department. Petition by Vikas Gopal Kapila, son of Gopal Kishorilal Kapila (died a widower on 07-07-2007 at Mumbai), under the Indian Succession Act, 1925 for Letters of Administration to the deceased's Schedule-I properties. Citation published under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; 14 days expired with no objection and no pending litigation reported, so the petition was treated as uncontested; delay explained under Rule 382. As sole heir, the petitioner was exempted from furnishing the administrative bond in view of the Court's order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022. Counsel invoked the Hindu Succession Act, 1956 (son's entitlement); the Court found the sworn facts unchallenged. Held: petition allowed; Letters of Administration granted in prescribed form, subject to the petitioner filing an account as per the oath and office verification, before issuance of the grant, that no cross petition or caveat is pending.

1 56.TP/4546/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 13th January 2025

FOR COMPLIANCE:

TP/4546/2024 P. Ms. Nandita Sharma i/b Sunil Sharma Ld. Advocate for the C. : [Original] Petitioner

[Original]

(ECHCBM02021132 024)

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 Gopal Kishorilal Kapila (For short “Said deceased”). The petitioner, namely Vikas Gopal Kapila, 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 Widower on 07-07-2007 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. 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 treated as

2 56.TP/4546/2024

uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole heir of the deceased is exempted from furnishing the administrative bond.

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, 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,

13th January 2025 Officer on Special Duty, with Testamentary Department