Usha Uday Nayak vs Uday Damodar Nayak (Deceased) — Succession and Inheritance | Bombay HC (2025)

Usha Uday Nayak vs Uday Damodar Nayak (Deceased) — 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 the prescribed format as per the provisions of 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, Usha Uday Nayak, widow of the deceased Uday Damodar Nayak, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

The legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration to the petitioner without reserving any right, and accepted the facts regarding their relationship inter se.

Ratio / Principle

Till the date of the order no one had appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties; the petition was accordingly treated as uncontested.

Key takeaways

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.ratio¶13

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925. Petition by Usha Uday Nayak, widow of the deceased Uday Damodar Nayak (who died a married man on 01/11/2017 at Mumbai), for Letters of Administration to the properties left by the deceased and shown in Schedule-I of the petition. Citation was duly affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, with 14 days expiring vide Rule 397(1) and (4), and notice was issued to the Collector vide Rule 396, of the Bombay High Court (O.S.) Rules, 1980; delay was explained vide Rule 382 of the Rules. No one appeared to resist the claim and the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed the administration bond in prescribed Form No. 118 with surety. The court accepted that, in view of the Hindu Succession Act, 1956, the petitioner being the widow of the deceased, and the facts stated on oath remaining unchallenged, the petition deserved to be allowed. Held: Petition allowed; Letters of Administration granted in the prescribed format under the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath; office to verify absence of any cross-petition or caveat before issuance of the grant. Order dated 04th March 2025 by Shri P. A. Jagdale, Officer on Special Duty, with Testamentary Department.

1 33.TP/5663/2024

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

FOR COMPLIANCE:

TP/5663/2024 P. C. Shri. Dipesh Jain Ld. Advocate for the Petitioner : (AMH20230021802 C202400005)

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 Uday Damodar Nayak (For short “Said deceased”). The petitioner, namely Usha Uday Nayak, 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 01/11/2017 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

2 33.TP/5663/2024

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 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.

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