Shivraman Veeraraghavan S/O Veeraraghavan vs… — Succession and Inheritance | Bombay HC (2025)

Shivraman Veeraraghavan S/O Veeraraghavan vs… — 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 and shown in the schedule, under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the 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 is entitled to grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925, for the properties left by the deceased Ramchandra Krishnamurthy @ R. Krishnamurthy.

Court's answer

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 as per the provisions of the Indian Succession Act, 1925.

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.

Detailed headnote1 paragraphs

Uncontested testamentary petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Ramchandra Krishnamurthy @ R. Krishnamurthy, who died a widower on 18/06/2023, leaving the petitioner Shivraman Veeraraghavan (stated to be the nephew of the deceased) and other legal heirs named in the petition. Citation was affixed on the High Court and Collector's Office (Mumbai) notice boards and 14 days expired under Rules 397(1) and (4) and Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no caveat, cross-petition or pending litigation was reported. The legal heirs consented by affidavits without reserving any right, and an administration bond in Form No. 118 with surety was filed. Held: the facts stated on oath remaining unchallenged, the petition was allowed and Letters of Administration were granted for the scheduled properties, subject to filing of the petitioner's account and office verification before issuance of the grant.

2 30.TP/563/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd April 2025

FOR COMPLIANCE:

TP/563/2024 P. Ms. Nilam Shinde i/b Manish Malpani Ld. Advocate for the C. : [Original] Petitioner

[Original]

(ECHCBM022202 92023

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 Ramchandra Krishnamurthy @ R. Krishnamurthy (For short “Said deceased”). The petitioner, namely Shivraman Veeraraghavan s/o Veeraraghavan, 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 Widower on 18/06/2023 at Karanataka 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 30.TP/563/2024

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 Nephew 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,

03rd April 2025 Officer on Special Duty, with Testamentary Department