Madhu Rajkumar Kirtania vs Rajkumar Chouthmal… — Succession and Inheritance | Bombay HC (2025)

Madhu Rajkumar Kirtania vs Rajkumar Chouthmal… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the petitioner, MADHU RAJKUMAR KIRTANIA (widow of the deceased RAJKUMAR CHOUTHMAL KIRTANIA), 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 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 / Principle

The facts stated by the petitioner and the heirs of the deceased on oath, having remained unchallenged, were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Key takeaways

The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office is to verify that no cross-petition is pending and no caveat resisting the petition has been filed.ratio¶17

Detailed headnote1 paragraphs

Testamentary Petition (78.TP/723/2025) decided on 09th June 2025 by Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department: ALLOWED. Petition by MADHU RAJKUMAR KIRTANIA, widow of the deceased RAJKUMAR CHOUTHMAL KIRTANIA (who died on 17/07/2020 at Ambernath, Thane, leaving legal heirs shown in paragraph 4 of the petition), for grant of Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule-I. Delay explained vide Rule 382 of the Rules; citation duly affixed on the Notice Board of the Hon'ble High Court and the notice board of the Collector's Office at Mumbai with 14 days expired vide Rule 397(1) and (4) and notice to Collector issued vide Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no objector appeared and no competing litigation was reported, so the petition was treated as uncontested. All legal heirs consented by affidavits without reserving any right; administration bond filed in prescribed form No. 118 with surety. Facts stated on oath by the petitioner and heirs remained unchallenged and were accepted; relying on the Hindu Succession Act 1956 position urged for the widow-petitioner, the petition was allowed as prayed: Letters of Administration granted for the scheduled properties; petitioner to file account as undertaken in her Oath within the stipulated period; office to verify absence of any pending cross-petition or caveat before issuance of the grant.

1 78.TP/723/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 09th June 2025

FOR COMPLIANCE:

P.C. Mr. Shivam Gupta Advocate, i/b. Jayant Wani Ld. Advocate : for the Petitioner.

TP/723/2025 P.C.

1) 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 RAJKUMAR CHOUTHMAL KIRTANIA(For short “Said deceased”). The petitioner, namely MADHU RAJKUMAR KIRTANIA, has filed documents.

2) 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.

3) Said deceased died as a married on 17/07/2020 at Ambernath, Thane 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.

4) 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 treated as uncontested one.

2 78.TP/723/2025

5) 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.

6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

7) 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.

2) The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

09th June 2025 Officer on Special Duty, with Testamentary Department