Shivram Vasant Kerkar vs Vasant Mahadeo Kerkar… — Succession and Inheritance | Bombay HC (2025)

Shivram Vasant Kerkar vs Vasant Mahadeo Kerkar… — 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 as per the provisions of the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify before issuance of the grant that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being the son of the deceased VASANT MAHADEO KERKAR, is entitled to be granted Letters of Administration for the properties left by the deceased, under the provisions of the Indian Succession Act, 1925.

Court's answer

No one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation pertaining to the same properties; the petition was therefore treated as uncontested.

Ratio / Principle

Facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for, the petitioner being the son of the deceased entitled to seek Letters of Administration.

Detailed headnote1 paragraphs

Testamentary Petition 46.TP/50/2025 (decided 18th June 2025 by Shri P. A. Jagdale, Officer on Special Duty, with Testamentary Department): Petition by SHIVRAM VASANT KERKAR, son of the deceased VASANT MAHADEO KERKAR (who died a widower on 21-082007 [sic] at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 for the scheduled properties. Citation affixed on the High Court and Collector's Office (Mumbai) notice boards with 14 days expired (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); notice issued to the Collector (Rule 396); delay explained vide Rule 382; legal heirs consented by affidavit without reserving any right; administration bond in Form No. 118 filed with surety. No contest; facts on oath unchallenged; entitlement founded on the Hindu Succession Act 1956 as son of the deceased. Petition allowed; Letters of Administration granted, subject to filing of account and office verification that no cross-petition or caveat is pending.

1 46.TP/50/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 18th June 2025

FOR COMPLIANCE:

46. TP/50/2025 P.C Mr. Vaibhav U. Jagdale, Ld. Advocate for 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 VASANT MAHADEO KERKAR (For short “Said deceased”). The petitioner, namely SHIVRAM VASANT KERKAR, 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 21-082007 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 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

2 46.TP/50/2025

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 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, 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 son 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

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.

The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

18th June 2025 Officer on Special Duty, with Testamentary Department