Nirajkumar Nirmalkumar Rungta alias Niraj… — Succession and Inheritance | Bombay HC (2025)

Nirajkumar Nirmalkumar Rungta alias Niraj… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration to the petitioner (grandson of the deceased) for the properties left by the deceased and shown in the schedule, effective throughout the State of Maharashtra under the Indian Succession Act, 1925, subject to the petitioner filing an account as undertaken in the Petitioner's Oath and to the office verifying, before issuance of the grant, that no cross-petition is pending or caveat filed.

Issue for consideration

Whether the petitioner, being the grandson of the deceased, is entitled to seek Letters of Administration for the deceased's properties under the Hindu Succession Act, 1956 / Indian Succession Act, 1925. +1 more

Court's answer

The 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.

Ratio / Principle

Since no one appeared to resist the claim and nothing was brought to notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.

Key takeaways

The petition is allowed and Letters of Administration are granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.ratio¶15
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office is to verify that there is no cross-petition pending or caveat resisting the petition filed.

Detailed headnote1 paragraphs

Uncontested testamentary petition — Nirajkumar Nirmalkumar Rungta @ Niraj Nirmalkumar Rungta, grandson of the deceased Purshottam Mahabirprasad Rungta (variously aliased; died a widower on 12-07-2012 at Mumbai), applied under the Indian Succession Act, 1925 for Letters of Administration to the properties listed in the schedule. Citation was issued and affixed on the Hon'ble High Court and the Collector's Office (Mumbai) notice boards; the 14-day period expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice went to the Collector vide Rule 396; delay was explained vide Rule 382; no objector appeared and no pending litigation was brought to notice, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed an administration bond in prescribed form No. 118 with surety. Counsel relied on the Hindu Succession Act, 1956 for the grandson's entitlement. The petition was allowed: Letters of Administration were granted with effect throughout the State of Maharashtra, conditional on the petitioner filing an account as undertaken in his oath and on the office verifying, before issuance, that no cross-petition or caveat existed. Order dated 19th December, 2025 by Shri. P. A. Jagdale, Officer on Special Duty, with the Testamentary Department.

1 70.TP/5231/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 19th December, 2025

FOR COMPLIANCE:

TP/5231/2025 ) Shri. C N Kumar Ld. Advocate for the Petitioner (AMH20240130757C2024000 ) 03) )

P.C.:

Petitioner, namely Nirajkumar Nirmalkumar Rungta @ Niraj Nirmalkumar Rungta, has applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely PURSHOTTAM MAHABIRPRASAD RUNGTA alias PURSHOTTAMLAL MAHABIRPRASAD RUNGTA alias PUSHOTTAMDAS MAHABIRPRASAD RUNGTA alias PURSHOTTAM M. RUNGTA alias PUSHOTTAM RUNGTA(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widower on 12-07-2012 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. The deceased left properties shown in Schedule I of the petition. The delay has been explained vide Rule 382 of the Rules.

Office issued Citation to all concern and same has been 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”). An affidavit to that effect has been filed. Notice to the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any

2 70.TP/5231/2025

right. Legal heirs have accepted the facts regarding their relationship, inter se. 6) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being grandson of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, the 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 the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

1. The petitioner to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

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

Officer on Special Duty,

19th December, 2025 Officer on Special Duty, with the Testamentary Department