Seema Hiren Desai vs Deeplaxmi Chandrakant Shirke — Succession and Inheritance | Bombay HC (2025)

Seema Hiren Desai vs Deeplaxmi Chandrakant Shirke — 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 to file an account as undertaken in Petitioner's Oath within 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 Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner Seema Hiren Desai, daughter of the deceased Deeplaxmi Chandrakant Shirke, for the properties left by the deceased.

Court's answer

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 was treated as uncontested.

Ratio / Principle

Facts stated on oath by the petitioner and the heir of the deceased remained unchallenged and were required to be accepted.

Key takeaways

In view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the daughter of the deceased, is entitled to seek Letters of Administration.ratio¶¶13
Petition allowed; Letters of Administration 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 (O.S.) — 51.TP/4740/2024, decided 17th March 2025 by Shri P. A. Jagdale, Officer on Special Duty. Uncontested petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Deeplaxmi Chandrakant Shirke, who died as a widow on 08/05/2023 at Mumbai; the petitioner, Seema Hiren Desai, is her daughter. Citation was affixed on the High Court and Collector's Office notice boards with 14 days expiring under Rules 397(1) and (4), and notice was issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no opposition or pending litigation concerning the properties was reported. The legal heir consented by affidavit without reserving any right, and an Administration Bond in Form No. 118 with surety was filed. Held, in view of the Hindu Succession Act, 1956, the daughter of the deceased is entitled to seek Letters of Administration; the facts on oath remaining unchallenged, the petition was allowed and Letters of Administration granted for the scheduled properties, subject to filing of an account and office verification that no cross-petition or caveat is pending before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 17th March 2025

FOR COMPLIANCE:

TP/4740/2024 P. Ms. Mamta Magre i/b Atish Mahade Ld. Advocate for the C. : (AMH20240126951 Petitioner C202400002)

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 Deeplaxmi Chandrakant Shirke (For short “Said deceased”). The petitioner, namely Seema Hiren Desai, 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. Ld. Advocate for the Petitioner submits that Nima is a blind person.

Said deceased died as a Widow on 08/05/2023 at Mumbai leaving behind her 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 heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

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 daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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.

17th March 2025 Officer on Special Duty, with Testamentary Department