Saylee Pundalik Khamkar vs Yamunabai Narayan… — Succession and Inheritance | Bombay HC (2025)

Saylee Pundalik Khamkar vs Yamunabai Narayan… — 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 shown in the schedule, in prescribed format under the Indian Succession Act, 1925; subject to (i) the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and (ii) the office verifying before issuance of the grant that no cross-petition is pending or caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, daughter-in-law of the deceased Yamunabai Narayan Khamkar, for the properties left by the deceased under the Indian Succession Act, 1925.

Court's answer

The facts stated on oath by the petitioner and the heir of the deceased remained unchallenged and were required to be accepted; accordingly, the petition deserves to be allowed as prayed for, with Letters of Administration granted to the petitioner (daughter-in-law of the deceased) for the scheduled properties.

Detailed headnote1 paragraphs

Testamentary Petition 51.TP/5261/2024 (with IA/3359/2024) — Uncontested grant of Letters of Administration. The Testamentary Department adjudicator allowed the petition of Sayli Pundalik Khamkar, daughter-in-law of the deceased Yamunabai Narayan Khamkar (who died a widow on 09/04/2011 at Mumbai), seeking Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule-I of the petition. Citation was published on the High Court and Collector's Office notice boards with the 14-day period expired (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980), notice to the Collector was issued (Rule 396), the sole heir consented by affidavit without reserving any right, the delay was explained (Rule 382), and the administration bond was filed in prescribed Form No. 118 with surety. Facts stated on oath by petitioner and heir remained unchallenged; entitlement asserted under the Hindu Succession Act, 1956. Order directs filing of account in the Petitioner's Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

1 51.TP/5261/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 11th March 2025

FOR COMPLIANCE:

TP/5261/2024 P. Shri. S B Gracious Ld. Advocate for the Petitioner C. :

with

IA/3359/2024

(ECHCBM0204442 2024)

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 YAMUNABAI NARAYAN KHAMKAR (For short “Said deceased”). The petitioner, namely Sayli Pundalik Khamkar, 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 Widow on 09/04/2011 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.

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 51.TP/5261/2024

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 in law 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.

11th March 2025 Officer on Special Duty, with Testamentary Department