Jivaji Vasant Patil vs Vasant Shantaram Patil — Succession and Inheritance | Bombay HC (2025)

Jivaji Vasant Patil vs Vasant Shantaram Patil — 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, 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; office to verify before issuance of the grant that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, son of the deceased VASANT SHANTARAM PATIL, is entitled to grant of Letters of Administration in respect of the properties left by the deceased under the Indian Succession Act, 1925. +1 more

Court's answer

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.

Ratio / Principle

Since no one appeared to resist the claim within the citation period and no pending litigation concerning the same properties was brought to notice, the petition is treated as uncontested.

Key takeaways

All legal heirs of the deceased consented by way of affidavits to grant of Letters of Administration to the petitioner without reserving any right.ratio¶12
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 prescribed format, as per the provisions of the Indian Succession Act, 1925.ratio¶16

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925 — Petitioner JIVAJI VASANT PATIL, son of the deceased VASANT SHANTARAM PATIL (who died on 17/03/2012 at Mumbai leaving the legal heirs shown in the petition), sought Letters of Administration for the deceased's properties shown in Schedule-I. Citation was duly affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, and the 14-day period under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 expired without any objection; notice to the Collector was issued under Rule 396; no pending litigation concerning the same properties was brought to notice. All legal heirs consented by affidavits without reserving any right, and the petitioner filed an administration bond in prescribed Form No. 118 with surety. The facts stated on oath remained unchallenged; the petition was treated as uncontested and allowed, and Letters of Administration were granted under the Indian Succession Act, 1925, subject to filing of the account as undertaken in the Petitioner's Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

1 19.TP/829/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd March 2025

FOR COMPLIANCE:

TP/829/2024 P. C. Shri. Prafull Sawant Ld. Advocate for the Petitioner :

[Original]

(ECHCBM0217490 1) This is a petition for grant of Letters of Administration, 2023) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely VASANT SHANTARAM PATIL, (For short “Said deceased”). The petitioner, namely JIVAJI VASANT PATIL, has filed documents.

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 Married on 17/03/2012 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 19.TP/829/2024

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 heir/s 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.

03rd March 2025 Officer on Special Duty, with Testamentary Department