Laxman Digambar Dalvi vs Dattaram Laxamn Dalvi… — Succession and Inheritance | Bombay HC (2025)

Laxman Digambar Dalvi vs Dattaram Laxamn Dalvi… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Laxman Digambar Dalvi for the properties left by the deceased and shown in the schedule, in the prescribed format as per the Indian Succession Act, 1925; subject to (i) the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and (ii) the office verifying, before issuance of the grant, that no cross petition is pending or caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner Laxman Digambar Dalvi, nephew of the deceased Dattaram Laxman Dalvi, for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

In view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the nephew of the deceased, is entitled to seek Letters of Administration.

Ratio / Principle

Since citation was issued and notice given to the Collector, and till date no one appeared to resist the petitioner's claim and no pending litigation concerning the same properties was brought to notice, the petition was treated as an uncontested petition.

Key takeaways

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were therefore required to be accepted; accordingly the petition deserved to be allowed as prayed for.ratio¶13
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, as per the provisions of the Indian Succession Act, 1925.ratio¶15

Detailed headnote1 paragraphs

Testamentary jurisdiction (28.TP/646/2024, decided 14th January 2025, Shri P. A. Jagdale, Officer on Special Duty, Testamentary Department): Petition under the Indian Succession Act, 1925 for Letters of Administration to the properties of the deceased Dattaram Laxman Dalvi, who died (married) on 17-08-2013 at Bhirwande, Tq. Kankavali, Dist. Singhudurg, leaving the heirs named in paragraph 6 of the petition and the properties in Schedule-I. The petitioner, Laxman Digambar Dalvi, nephew of the deceased, claimed entitlement under the Hindu Succession Act, 1956. Citation was affixed on the conspicuous part of the High Court and the notice board of the Collector's Office at Mumbai, 14 days expired under Rule 397(1) and (4), and notice was issued to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; nobody appeared in opposition and no pending litigation was reported, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, the delay was explained vide Rule 382 of the Rules, and an administration bond in Form No. 118 was filed with surety. Holding the sworn facts unchallenged, the court allowed the petition and directed grant of Letters of Administration for the scheduled properties, subject to the petitioner filing an account as undertaken in his oath and to office verification, before issuance of the grant, that no cross petition or caveat is pending.

2 28.TP/646/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 14th January 2025

FOR COMPLIANCE:

TP/646/2024 P. C. Shri. Girish Sawant Ld. Advocate for the Petitioner :

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 DATTARAM LAXMAN DALVI (For short “Said deceased”). The petitioner, namely LAXMAN DIGAMBAR DALVI, 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 17-08-2013 at Bhirwande, Tq. Kankavali, Dist. Singhudurg leaving behind him legal heirs, shown in the paragraph No. 6 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 conspicuous part 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 28.TP/646/2024

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 heir/s 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,

14th January 2025 Officer on Special Duty, with Testamentary Department