Surinder Kaur Sayal vs Jagjitsingh S/O Jai Singh… — Succession and Inheritance | Bombay HC (2025)

Surinder Kaur Sayal vs Jagjitsingh S/O Jai Singh… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration to the petitioner for the properties left by the deceased and shown in the schedule, as per the provisions of the Indian Succession Act, 1925; petitioner to file an account as undertaken in the Petitioner's Oath within stipulated period; before issuance of the grant, the office to verify that no cross petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, the widow of the deceased, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

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

Letters of Administration 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.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department — 33.TP/5489/2024 (decided 22nd September, 2025 by Shri P. A. Jagdale, Officer on Special Duty): Uncontested petition by Surinder Kaur Sayal, widow of the deceased Jagjitsingh s/o Jai Singh Sayal (died 04/05/2013 at Mumbai), for grant of Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule-I of the petition. Citation was affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396; delay was explained under Rule 382. No one resisted the claim and no pending litigation concerning the properties was reported; all legal heirs consented by affidavits without reserving any right, and an administration bond in prescribed Form No. 118 was filed with surety. Finding the facts sworn by the petitioner and the heirs unchallenged, the court allowed the petition and ordered grant of Letters of Administration as per the provisions of the Indian Succession Act, 1925, directing the petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period and the office to verify, before issuance of the grant, that no cross petition or caveat is pending.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 22nd September, 2025

FOR COMPLIANCE:

TP/5489/2024 P. Ms. R. H. Goswami a/w Shri. Hiro Vazirani Ld. Advocate for C. : [Original] the Petitioner

[Original]

(ECHCBM0206107 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 Jagjitsingh S/o. Jai Singh Sayal (For short “Said deceased”). The petitioner, namely SURINDER KAUR SAYAL Wd/o. Jagjit Singh Saval, 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 04/05/2013 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. 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

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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 Widow 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,

22nd September, 2025 Officer on Special Duty, with Testamentary Department