Manoj Nanji Chauhan vs Kesarbai Alias Kesharbai… — Succession and Inheritance | Bombay HC (2025)

Manoj Nanji Chauhan vs Kesarbai Alias Kesharbai… — 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 as per the provisions of the Indian Succession Act, 1925; petitioner directed 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 the petitioner, grandson of the deceased, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

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

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

Key takeaways

The legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration to the petitioner, without reserving any right, and accepted the facts regarding their relationship inter se.ratio¶¶11

Detailed headnote1 paragraphs

Testamentary Petition 57.TP/769/2025, Bombay High Court (Testamentary Department), decided on 16th April 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petition by Manoj Nanji Chauhan, grandson of the deceased Kesarbai @ Kesharbai Meghji Chauhan (who died as a widow on 28/02/1994 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 in respect of the properties shown in Schedule-I of the petition. Citation was affixed on the notice board of the Hon'ble High Court and of the Collector's Office at Mumbai, with 14 days expired vide Rules 397(1) and (4), and notice issued to the Collector vide Rule 396, of the Bombay High Court (O.S.) Rules, 1980; delay explained vide Rule 382 of the Rules. No one appeared to resist the claim and no pending litigation concerning the same properties was brought to notice; the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed an administration bond in prescribed Form No. 118 with surety. Ld. Advocate for the petitioner submitted, invoking the Hindu Succession Act 1956, that the petitioner, being the grandson of the deceased, is entitled to seek Letters of Administration. The court held that the facts stated on oath by the petitioner and the heirs remained unchallenged and required to be accepted, and allowed the petition: Letters of Administration were granted for the scheduled properties; the petitioner was directed to file an account as undertaken in the Petitioner's Oath; and the office was directed to verify, before issuance of the grant, that no cross-petition is pending or caveat is filed.

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

FOR COMPLIANCE:

TP/769/2025 P. Shri. Sameer Logade Ld. Advocate for the Petitioner C. :

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 Kesarbai @ Kesharbai Meghji Chauhan (For short “Said deceased”). The petitioner, namely Manoj Nanji Chauhan,, 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 Widow on 28/02/1994 at Mumbai leaving behind her 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 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 Grand 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 April 2025 Officer on Special Duty, with Testamentary Department