Rakshit Sumir Sharma And Anr. vs Sumir Jugal… — Succession and Inheritance | Bombay HC (2025)

Rakshit Sumir Sharma And Anr. vs Sumir Jugal… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format as per the Indian Succession Act, 1925; petitioners 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, under the Indian Succession Act, 1925, to the petitioners (son and daughter of the deceased) for the properties left by the deceased Sumir Jugal Kishore Sharma. +1 more

Court's answer

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

Ratio / Principle

Since nobody appeared to resist the claim and no pending litigation concerning the same properties was brought to notice, the petition was treated as an uncontested one.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department - 62.TP/796/2025 (order dated 08th May 2025 by Shri. P. A. Jagdale, Officer on Special Duty): Petition under the Indian Succession Act, 1925 for Letters of Administration in respect of the properties left by deceased Sumir Jugal Kishore Sharma, who died divorced on 03-07-2024 at Mumbai, granted to his son Rakshit Sumir Sharma and daughter Shibani Sumir Sharma. Citation duly affixed on the High Court and Collector's Office notice boards with the 14-day period expired (Rules 397(1) and (4)) and notice issued to the Collector (Rule 396), Bombay High Court (O.S.) Rules, 1980; no opposition or pending litigation reported, so the petition was treated as uncontested. Petitioners were exempted from furnishing the surety bond in view of the Order in TP No. 2918/2023, all legal heirs being petitioners; entitlement canvassed with reference to the Hindu Succession Act 1956. Grant conditioned on verification that no cross-petition or caveat exists, and petitioners to file an account as undertaken in the Petitioner's Oath.

1 62.TP/796/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th May 2025

FOR COMPLIANCE:

TP/796/2025 P. Ms. Darshana Srivastav Sdanki Ld. Advocate for the C. : (AMH202300412 Petitioner 14C202400001)

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 Sumir Jugal Kishore Sharma (For short “Said deceased”). The petitioners, namely (1) Rakshit Sumir Sharma (2) Shibani Sumir Sharma, have 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 Divorced, on 03-07-2024 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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 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.

In view of the Order, passed in the TP No. 2918/2023, the all-legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner No. 1 being son and No. 2 being daughter of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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 petitioners 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 petitioners 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.

08th May 2025 Officer on Special Duty, with Testamentary Department