Vinod Ramesh Kotwani and Anr. vs Ramesh Kishin… — Succession and Inheritance | Bombay HC (2025)

Vinod Ramesh Kotwani and Anr. vs Ramesh Kishin… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, in prescribed format under the Indian Succession Act, 1925; petitioners 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 Letters of Administration should be granted to the petitioners under the Indian Succession Act, 1925 for the properties left by the deceased Ramesh Kishin Kotwani alias Ramesh Kotwani. +1 more

Court's answer

Despite due publication of citation and notice to the Collector, no one appeared to resist the petitioners' claim and nothing was brought to notice regarding pending litigation over the same properties; the petition was therefore treated as uncontested.

Ratio / Principle

In view of the order passed in TP No. 2918/2023, all legal heirs of the deceased being petitioners, they are exempted from furnishing the surety bond.

Key takeaways

The facts stated by the petitioners on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.ratio¶6

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925 — Petition by son and daughter of deceased Ramesh Kishin Kotwani alias Ramesh Kotwani, who died a widower on 28-03-2022 at Mumbai — Citation duly affixed on Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai; 14 days expired under Rule 397(1) and (4) and notice issued to Collector under Rule 396, Bombay High Court (O.S.) Rules, 1980 — No one appeared to resist; no pending litigation brought to notice; petition treated as uncontested — In view of order in TP No. 2918/2023, all legal heirs being petitioners, exempted from furnishing surety bond — Entitlement urged under Hindu Succession Act, 1956 as petitioner No. 1 is son and petitioner No. 2 is daughter of the deceased — Facts stated on oath unchallenged, accepted — Petition allowed; Letters of Administration granted for scheduled properties, subject to filing of account as undertaken in Petitioner's Oath and office verification that no cross petition or caveat is pending before issuance of the grant.

1 28.TP/498/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 01st April 2025

FOR COMPLIANCE:

TP/498/2025 P. Shri. Akhil Nair i/b Devendra Dondwani Ld. Advocate for C. : the Petitioner

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 Ramesh Kishin Kotwani alias Ramesh Kotwani (For short “Said deceased”). The petitioner, namely (1) Vinod Ramesh Kotwani, (2 Sunita Ramesh Kotwani, have 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 28-03-2022 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 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

2 28.TP/498/2025

treated as uncontested one.

In view of the Order, passed in the TP No. 2918/2023, the all-legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner No. 1 being son and No. 2 being daughter of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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 petitioners 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 petitioners 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.

01st April 2025 Officer on Special Duty, with Testamentary Department