Ajay Baliram Kadam vs Baliram Sayaji Kadam… — Succession and Inheritance | Bombay HC (2025)

Ajay Baliram Kadam vs Baliram Sayaji Kadam… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Ajay Baliram Kadam for the properties left by the deceased and shown in Schedule-I; petitioner directed to file an account as undertaken in Petitioner's Oath within the stipulated period; office to verify that no cross-petition is pending or caveat resisting the petition is filed before issuance of the grant.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner for the properties left by the deceased Baliram Sayaji Kadam alias B. S. Kadam. +1 more

Court's answer

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

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 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

Bombay High Court (Testamentary Department) — 68.TP/707/2025, decided 16th July 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petition by Ajay Baliram Kadam, son of the deceased Baliram Sayaji Kadam alias B. S. Kadam (died a widower on 04-10-2019 at Mumbai), for grant of Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule-I. Citation duly affixed on the High Court and Collector's Office (Mumbai) notice boards with 14 days expired [Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980]; notice to Collector issued [Rule 396]; delay explained [Rule 382]; legal heir consented by affidavit without reserving any right; administration bond in prescribed form No. 118 with surety filed. Entitlement founded on the Hindu Succession Act, 1956, the petitioner being the son of the deceased. No opposition or pending litigation reported; petition treated as uncontested and allowed; Letters of Administration granted, subject to filing of account in Petitioner's Oath and office verification of no cross-petition or caveat before issuance of the grant.

1 68.TP/707/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 16th July 2025

FOR COMPLIANCE:

TP/707/2025 P. C. Shri. R T Kharwar Ld. Advocate for the Petitioner : (AMH20240128954 C202400015)

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 Baliram Sayaji Kadam alias B. S. Kadam (For short “Said deceased”). The petitioner, namely Ajay Baliram Kadam, 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 Widower on 04-10-2019 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 68.TP/707/2025

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 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,

16th July 2025 Officer on Special Duty, with Testamentary Department