Veena Natwarlal Birla vs Sushila Alias Sushila… — Succession and Inheritance | Bombay HC (2025)

Veena Natwarlal Birla vs Sushila Alias Sushila… — 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, in prescribed format per the Indian Succession Act, 1925; petitioner to file account as undertaken in Petitioner's Oath within stipulated period; before issuance of the grant, office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to petitioner Veena Natwarlal Birla, under the Indian Succession Act, 1925, for the properties left by the deceased Sushila alias Sushila Mantri. +1 more

Court's answer

Petition allowed and Letters of Administration 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; petitioner to file account as undertaken in Petitioner's Oath within stipulated period, and before issuance of the grant the office to verify no cross-petition is pending or caveat resisting the petition is filed.

Ratio / Principle

Facts stated by the petitioner and 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

Since no one appeared to resist the claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.ratio¶12

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department) — Order dated 04th August, 2025 on T.P. No. 62.TP/565/2025 (P.A. Jagdale, OSD): Petition under the Indian Succession Act, 1925 by Veena Natwarlal Birla, daughter of the deceased Sushila alias Sushila Mantri (widow, d. 14-12-2006 at Bhopalgad, Distt:-Jodhpur), for Letters of Administration to the estate shown in Schedule-I. Citation duly published and 14 days expired under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to Collector issued under Rule 396 BHC Rules; delay explained under Rule 382; legal heirs consented by affidavit without reserving rights; administration bond in prescribed Form No. 118 with surety filed; no opposition — petition treated as uncontested. Counsel invoked the Hindu Succession Act 1956 to establish the daughter-petitioner's entitlement; unchallenged facts on oath accepted; petition allowed and Letters of Administration granted for the scheduled properties, conditioned on filing of account per Petitioner's Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

1 62.TP/565/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 04th August, 2025

FOR COMPLIANCE:

TP/565/2025 P. Shri. Waquar Ahmed a/w Shri. Anthony Fernandes Ld. C. : [Original] Advocate for the Petitioner

[Original]

(ECHCBM022044 12023)

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 Sushila alias Sushila Mantri, (For short “Said deceased”). The petitioner, namely Veena Natwarlal Birla, has/have filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 14-12-2006 at Bhopalgad, Distt:-Jodhpur, 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

2 62.TP/565/2025

pertaining to the same properties. Hence, the petition is 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.

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 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,

04th August, 2025 Officer on Special Duty, with Testamentary Department