Raksha Vinaychandra Kamdar vs Late Vinaychandra… — Succession and Inheritance | Bombay HC (2025)

Raksha Vinaychandra Kamdar vs Late Vinaychandra… — 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 under the Indian Succession Act, 1925; petitioner directed to file account as undertaken in the Petitioner's Oath within stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, Raksha Vinaychandra Kamdar, daughter of the deceased Vinaychandra Mulji Kamdar, is entitled to a grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

In view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the daughter of the deceased, is entitled to seek Letters of Administration; the facts stated by the petitioner and the heir of the deceased on oath remained unchallenged, were required to be accepted, and accordingly the petition deserved to be allowed as prayed for.

Ratio / Principle

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

Key takeaways

Petition allowed; Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format under the provisions of the Indian Succession Act, 1925.ratio¶¶15

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), 17.TP/678/2024, decided 07th March 2025 by Shri P. A. Jagdale, OSD: Uncontested petition under the Indian Succession Act, 1925 by Raksha Vinaychandra Kamdar, daughter of the deceased Vinaychandra Mulji Kamdar (died 23/09/1999 at Mumbai), for Letters of Administration to the properties in Schedule-I. Citation duly published (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); notice to Collector issued (Rule 396); delay explained vide Rule 382; no objection, caveat or pending litigation reported; sole legal heir consented by affidavit without reserving rights; Administration Bond in Form No. 118 filed with surety. Court accepted that under the Hindu Succession Act, 1956 the daughter of the deceased is entitled to seek Letters of Administration, held the sworn facts unchallenged, allowed the petition, and granted Letters of Administration for the scheduled properties, subject to the petitioner filing her account and office verification that no cross-petition or caveat is pending before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 07th March 2025

FOR COMPLIANCE:

TP/678/2024 P. C. Ms. Urmila Snail Ld. Advocate for the Petitioner :

[Original] (ECHCBM0218825 1) This is a petition for grant of Letters of Administration, 2023) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Vinaychandra Mulji Kamdar (For short “Said deceased”). The petitioner, namely Raksha Vinaychandra Kamdar, has 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 Married on 23/09/1999 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

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treated as uncontested one.

Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

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 heir 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.

07th March 2025 Officer on Special Duty, with Testamentary Department