Deepak Chandrakant Thakkar vs Padma Alias Padma… — Succession and Inheritance | Bombay HC (2025)

Deepak Chandrakant Thakkar vs Padma Alias Padma… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner, Deepak Chandrakant Thakkar, for the properties left by the deceased Padma alias Padma Chandrakant Thakkar and shown in the schedule, in prescribed format under the Indian Succession Act, 1925, subject to filing of an account as undertaken in the Petitioner's Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner, son of the deceased, for the properties left by the deceased and shown in Schedule-I of the petition.

Court's answer

The petition was treated as uncontested, as no one appeared to resist the petitioner's claim and nothing was brought to the court's notice regarding pending litigation pertaining to the same properties.

Ratio / Principle

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.

Key takeaways

Letters of Administration were granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format as per the provisions of the Indian Succession Act, 1925.ratio¶¶17
The petitioner was directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶¶18
Before issuance of the grant, the office was directed to verify that no cross-petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Testamentary petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Padma alias Padma Chandrakant Thakkar, who died a widow on 13-02-2023 at Ahmadabad leaving the heirs shown in paragraph 4 of the petition. Petitioner Deepak Chandrakant Thakkar, son of the deceased, filed the death certificate, identity proof, oath, affidavit of service and citation. Citation was published on the Notice Board of the Hon'ble High Court and the Collector's Office at Mumbai, with 14 days expiring under Rule 397(1) and (4) and notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no objection or pending litigation was brought to the court's notice, so the petition was treated as uncontested. The legal heirs consented by affidavit without reserving any right, and the petitioner filed the administration bond in prescribed Form No. 118 with surety. Relying on the unchallenged sworn facts and the counsel's submission under the Hindu Succession Act, 1956 that the son of the deceased is entitled to seek Letters of Administration, the court allowed the petition and granted Letters of Administration for the scheduled properties, directing the petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period and requiring the office to verify, before issuance of the grant, that no cross-petition or caveat is pending.

1 54.TP/540/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 31st July 2025

FOR COMPLIANCE:

TP/540/2024 P. Shri. Abhishek Jani Ld. Advocate for the Petitioner C. :

[Original]

(ECHCBM022146 62023)

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 Padma alias Padma Chandrakant Thakkar (For short “Said deceased”). The petitioner, namely Deepak Chandrakant Thakkar, 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 13-02-2023 at Ahmadabad 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.

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.

Legal heirs of the deceased have consented by way of

2 54.TP/540/2024

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.

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

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.

Officer on Special Duty,

31st July 2025 Officer on Special Duty, with Testamentary Department