Murikoli Ajay Kumar vs Murrikkoli Balan Nair… — Succession and Inheritance | Bombay HC (2025)

Murikoli Ajay Kumar vs Murrikkoli Balan Nair… — 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; petitioner 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 Letters of Administration should be granted to the petitioner, son of the deceased Murrikkoli Balan Nair, for the properties left by the deceased, under the Indian Succession Act, 1925. +1 more

Court's answer

Since no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.

Ratio / Principle

Facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petitioner, being the son of the deceased, is entitled to seek Letters of Administration in view of the Hindu Succession Act, 1956.

Key takeaways

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 the prescribed format under the Indian Succession Act, 1925.ratio¶¶15

Detailed headnote1 paragraphs

Testamentary Petition (Bombay High Court, Testamentary Department), decided 23-04-2025 by Shri P. A. Jagdale, Officer on Special Duty. Murikoli Ajay Kumar, son of the deceased Murrikkoli Balan Nair (who died a married man on 17-08-2018 at Mumbai), petitioned for Letters of Administration under the Indian Succession Act, 1925 for the estate properties in Schedule-I. Citation was affixed on the High Court and Collector's Office notice boards 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 vide Rule 382; the legal heirs consented by affidavits without reserving any right; and an administration bond in prescribed Form No. 118 was filed with surety. No one contested the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. The facts sworn to by the petitioner and heirs remained unchallenged and were accepted; the petitioner, being the son of the deceased, was held entitled under the Hindu Succession Act, 1956. Petition allowed: Letters of Administration granted, account to be filed in the Petitioner's Oath, and the office directed to verify absence of any cross-petition or caveat before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 23rd April 2025

FOR COMPLIANCE:

TP/6043/2024 P. C. Shri. Sagar Sable i/b Rahul Singh Ld. Advocate for the Petitioner : (AMH20240129060 C202400017)

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 Murrikkoli Balan Nair (For short “Said deceased”). The petitioner, namely Murikoli Ajay Kumar, 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 17-08-2018 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 46.TP/6043/2024

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,

23rd April 2025 Officer on Special Duty, with Testamentary Department