Kakalee K Sahaw/O Dr Kamles Kumar Saha vs… — Succession and Inheritance | Bombay HC (2025)

Kakalee K Sahaw/O Dr Kamles Kumar Saha vs… — 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, under the Indian Succession Act, 1925; petitioner (sole class-I heir) exempted from furnishing the administrative bond; 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 or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, stated to be the daughter and sole class-I heir of the deceased Khagendra Nath Sinha, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties shown in Schedule-I of the petition.

Court's answer

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 under the Indian Succession Act, 1925.

Ratio / Principle

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

Key takeaways

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted.ratio¶14
In view of the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.ratio¶13
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (73.TP/4639/2024, decided 02nd January 2025 by Shri P. A. Jagdale, Officer on Special Duty): Uncontested petition under the Indian Succession Act, 1925 by Dr. Kakalee K Saha, daughter of the deceased Khagendra Nath Sinha, who died as a widower on 10-09-2023 at Mumbai, seeking Letters of Administration to the properties shown in Schedule-I of the petition. Citation was duly affixed on the Hon'ble High Court and the Collector's Office notice board at Mumbai, and notice was issued to the Collector under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; 14 days expired with no one appearing to resist the claim and no pending litigation brought to notice, so the petition was treated as uncontested and the petitioner's sworn statements were accepted. Relying on the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner, as sole class-I heir, was exempted from furnishing the administrative bond. Held: petition allowed; Letters of Administration granted, 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 or caveat filed.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 02nd January 2025

FOR COMPLIANCE:

TP/4639/2024 P. Shri. Suyash Kalbhor i/b B G Saraf Ld. Advocate for the C. : [Original] Petitioner

[Original]

(ECHCBM02094992 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 KHAGENDRA NATH SINHA (For short “Said deceased”). The petitioner, namely Dr. Kakalee K Saha W/o Dr. Kamles Kumar Saha, 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 10-09-2023 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

2 73.TP/4639/2024

treated as 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 class-I 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 daughter 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,

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