Anmol Kush Kumar Jain vs Kush Kumar Jain (Deceased) — Succession and Inheritance | Bombay HC (2025)

Anmol Kush Kumar Jain vs Kush Kumar Jain (Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Anmol Kush Kumar Jain for the properties left by the deceased Kush Kumar Jain and shown in the schedule, in prescribed format under the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and to office verification, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration ought to be granted to the petitioner Anmol Kush Kumar Jain, son of the deceased Kush Kumar Jain, under the Indian Succession Act, 1925 for the properties left by the deceased and shown in schedule-I of the petition.

Court's answer

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

The petition is allowed and Letters of Administration are 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.

Key takeaways

The petitioner is 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 is to verify that no cross-petition is pending and no caveat resisting the petition has been filed.ratio¶¶19

Detailed headnote1 paragraphs

Uncontested testamentary petition (41.TP/5414/2024) before the Bombay High Court, Testamentary Department (Officer on Special Duty Shri. P. A. Jagdale), decided 29th September, 2025. Anmol Kush Kumar Jain, son of the deceased Kush Kumar Jain, sought Letters of Administration under the Indian Succession Act, 1925 for the properties shown in schedule-I of the petition. The deceased died on 06/02/2024 at Gurugram, Haryana, leaving the legal heirs named in paragraph No. 4 of the petition. Citation was duly affixed on the Notice Board of the Hon'ble High Court and the notice board of the Collector's Office at Mumbai, with 14 days expired vide Rules 397(1) and (4), and notice was issued to the Collector vide Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one appeared to resist the claim and the petition was treated as uncontested. All legal heirs consented by affidavits without reserving any right, and an administration bond in prescribed form No. 118 with surety was filed. Holding that the facts stated on oath by the petitioner and the heirs had remained unchallenged and required to be accepted, the court allowed the petition and granted Letters of Administration in the prescribed format, directing the petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period and requiring the office, before issuance of the grant, to verify that no cross-petition is pending and no caveat resisting the petition has been filed. Counsel for the petitioner had invoked the Hindu Succession Act, 1956 on the ground that the petitioner, being the son of the deceased, was entitled to seek Letters of Administration.

1 41.TP/5414/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 29th September, 2025

FOR COMPLIANCE:

TP/5414/2024 P. Shri. Ibrahim Shaikh i/b Vaish Associates Ld. Advocate for C. : [Original] the Petitioner

[Original]

(ECHCBM02108912 024)

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 Kush Kumar Jain (For short “Said deceased”). The petitioner, namely Anmol Kush Kumar Jain, 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 married on 06/02/2024 at Gurugram, Haryana 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.

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 41.TP/5414/2024

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, interse.

1. 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,

29th September, 2025 Officer on Special Duty, with Testamentary Department