Uma Beri Widow of Pradeep Beri vs Pradeep Beri S O… — Succession and Inheritance | Bombay HC (2025)

Uma Beri Widow of Pradeep Beri vs Pradeep Beri S O… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner (Uma Beri, widow of the deceased) for the properties left by the deceased and shown in the schedule, per the Indian Succession Act, 1925; petitioner further directed to file an account as undertaken in the Petitioner's Oath within the stipulated period, and before issuance of the grant the office is to verify that no cross-petition is pending or caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioner, being the widow of the deceased Pradeep Beri, is entitled to be granted Letters of Administration under the provisions of the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

The legal heirs of the deceased had consented by way of affidavits to grant of Letters of Administration to the petitioner without reserving any right, and had accepted the facts regarding their relationship inter se.

Ratio / Principle

As till the date of decision no one had appeared to resist the petitioner's claim and nothing had been brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as an uncontested petition.

Key takeaways

On the strength of the counsel's submission invoking provisions of the Hindu Succession Act, 1956 (widow's entitlement), the court held that facts stated by the petitioner and heirs of the deceased on oath, remaining unchallenged, were required to be accepted, and that the petition deserved to be allowed as prayed for.ratio¶13
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 prescribed format as per the provisions of the Indian Succession Act, 1925.ratio¶15

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (compliance note) — Officer on Special Duty Shri P. A. Jagdale — 08th April 2025 — 39.TP/4739/2024: Uma Beri, widow of the late Pradeep Beri S/o Rup Lal Beri alias Beri Pradeep Robert, sought grant of Letters of Administration under the Indian Succession Act, 1925 (“IS Act”) for the properties left by the deceased (Schedule-I). The deceased died on 10/03/2020 at Mission Viejo, United States of America, leaving legal heirs listed in para 4 of the petition, whom the petitioner states are his only legal heirs. Counsel invoked the provisions of the Hindu Succession Act, 1956 for the widow's entitlement. Citation was affixed on the Court's Notice Board and the Collector's Office notice board, Mumbai; 14 days expired vide Rule 397(1) and (4) and notice to the Collector went vide Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no objector appeared and no pending litigation was reported, so the petition was treated as uncontested. All legal heirs consented by affidavit without reserving rights; administration bond in Form No. 118 with surety was filed. ORDER: petition allowed; Letters of Administration granted in prescribed format per the IS Act; petitioner to file account per her oath within stipulated time; office to confirm absence of cross-petition or caveat before issuance of the grant.

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

FOR COMPLIANCE:

TP/4739/2024 P. C. Shri. Ojas Gole i/b Aarif Ali Ld. Advocate for the Petitioner : [Original]

(ECHCBM0208916 1) This is a petition for grant of Letters of Administration, 2024) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Pradeep Beri S/o Rup Lal Beri alias Beri Pradeep Robert (For short “Said deceased”). The petitioner, namely Uma Beri widow of Pradeep Beri, 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 10/03/2020 at Orange, City: Mission Viejo, Country: United States of America, 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 Notice Board 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 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,

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