Sunil Dutt S/O Dev Dutt vs Tara Dev Dutt (Deceased) — Succession and Inheritance | Bombay HC (2025)

Sunil Dutt S/O Dev Dutt vs Tara Dev Dutt (Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Sunil Dev Dutt for the properties left by the deceased and shown in the schedule, under 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; before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration for the properties left by the deceased Tara Dev Dutt should be granted to the petitioner Sunil Dev Dutt under the provisions of the Indian Succession Act, 1925.

Court's answer

Since no one appeared to resist the petitioner's claim and no pending litigation concerning the properties was brought to notice after the citation process, the petition was treated as uncontested.

Ratio / Principle

The facts stated by the petitioner and the heir/s of the deceased on oath having remained unchallenged were required to be accepted.

Key takeaways

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¶14

Detailed headnote1 paragraphs

Testamentary Petition 62.TP/5087/2024, Bombay High Court (Testamentary Department), decided 09th June 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petition under the Indian Succession Act, 1925 by Sunil Dev Dutt, son of the deceased Tara Dev Dutt w/o late Dev Dutt (who died as a married on 16/04/2015 at Mumbai), for Letters of Administration to the properties shown in Schedule-I. Citation was duly affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office at Mumbai, with the 14-day period expiring vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, supported by affidavit; notice to the Collector was issued vide Rule 396 of BHC Rules. No objector appeared and no pending litigation was reported, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right; the Administration Bond in prescribed Form No. 118 was filed with surety; delay was explained vide Rule 382 of the Rules. Following the submission that, under the Hindu Succession Act, 1956, the petitioner being the son of the deceased is entitled to seek Letters of Administration, the court accepted the unchallenged sworn facts, allowed the petition, and directed the grant, along with filing of the petitioner's 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 09th June 2025

FOR COMPLIANCE:

62. TP/5087/2024 P.C.: Ms. Prajakta Gaonkar Advocate, i/b. Jariwala Hemang Amar Ld. Advocate for the Petitioner.

1) 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 Tara Dev Dutt w/o late Dev Dutt (For short “Said deceased”). The petitioner, namely Sunil Dev Dutt s/o Dev Dutt, has filed documents.

2) 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.

3) Said deceased died as a married on 16/04/2015 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. The delay has been explained vide Rule 382 of the Rules.

4) 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 treated as uncontested one.

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5) 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.

6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

7) 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 heir/s 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.

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

3) 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,

09th June 2025 Officer on Special Duty, with Testamentary Department