Prakash Sakarama Rao vs Arcot Sakarama Rao Alias… — Succession and Inheritance | Bombay HC (2025)

Prakash Sakarama Rao vs Arcot Sakarama Rao Alias… — 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 the prescribed format under 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 Letters of Administration should be granted to the petitioner under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

Petition allowed; Letters of Administration 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

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

Key takeaways

No one appeared to resist the petitioner's claim and nothing was brought to the notice of the court regarding pending litigation pertaining to the same properties; the petition was treated as an uncontested one.ratio¶¶9

Detailed headnote1 paragraphs

Testamentary — Letters of Administration — Indian Succession Act, 1925 — Petition by the son of the deceased, Arcot Sakarama Rao alias Sakarama Seshagiri Rao Arcot (died 24/10/2023 at Mumbai as a widower), for Letters of Administration to the deceased's properties shown in Schedule-I — Citation duly affixed on the Hon'ble High Court and the notice board of the Collector's Office, Mumbai; 14 days expired under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to Collector issued under Rule 396 — No appearance in opposition; petition treated as uncontested — Legal heirs consented by affidavits without reserving any right; administration bond in prescribed Form No. 118 filed with surety — Held: facts stated on oath by petitioner and heirs remained unchallenged and required to be accepted; petition allowed and Letters of Administration granted; petitioner to file account as undertaken in Petitioner's Oath; office to verify absence of cross petition or caveat before issuance of the grant.

1 36.TP/790/2024

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

FOR COMPLIANCE:

TP/790/2024 P. C. Shri. S U Lakdawala a/w Ms. Jyoti Badgujar Ld. Advocate for the : [Original] Petitioner

[Original] (ECHCBM0200437

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 Arcot Sakarama Rao alias Sakarama Seshagiri Rao Arcot alias Sakarama Arcot alias Sakarama Rao Arcot son of Seshagiri Rao (For short “Said deceased”). The petitioner, namely PRAKASH SAKARAMA RAO, 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.

Said deceased died as a WIDOWER on 24/10/2023 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.

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 36.TP/790/2024

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 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 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 January 2025 Officer on Special Duty, with Testamentary Department