Sunil Victor Tadilkar vs Kamal Madhukar Ambeshetkar — Succession and Inheritance | Bombay HC (2025)

Sunil Victor Tadilkar vs Kamal Madhukar Ambeshetkar — 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 Indian Succession Act, 1925; petitioner directed to file an account as undertaken in Petitioner's Oath within stipulated period; before issuance of the grant, office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner, nephew of the deceased, for the properties left by the deceased.

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 prescribed format as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

As no one appeared to resist the claim of the petitioner and nothing was brought to the notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (40.TP/894/2024) — Letters of Administration — Indian Succession Act, 1925 — Petitioner Sunil Victor Tadilkar, nephew of deceased Kamal Madhukar Ambeshetkar, who died as a widow on 01-12-2021 at Mumbai leaving heirs named in paragraph 4 of the petition, sought Letters of Administration for properties shown in Schedule-I. Legal heirs consented by affidavits; citation published on the High Court and Collector's Office notice boards with 14 days expired under Rules 397(1) and (4), and notice issued to the Collector under Rule 396, Bombay High Court (O.S.) Rules, 1980; no objection, caveat or pending litigation intimated; administration bond in Form No. 118 with surety filed. Petition treated as uncontested and allowed; Letters of Administration granted per the Indian Succession Act, 1925, subject to filing of account in Petitioner's Oath and office verification that no cross-petition or caveat is pending. Decided 23rd June 2025 by Shri P. A. Jagdale, Officer on Special Duty, with Testamentary Department.

1 40.TP/894/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 23rd June 2025

FOR COMPLIANCE:

40.TP/894/2024 P.C. Mr. V. K. Rajbhar i/b. R. T. Kharwar, Ld. Advocate for the Petitioner.

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 Kamal Madhukar Ambeshetkar (For short “Said deceased”). The petitioner, namely Sunil Victor Tadilkar, 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 Widow on 01-12-2021 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. Legal heirs are consented to the petition vide their affidavits.

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

2 40.TP/894/2024

to the same properties. Hence, the petition is treated as uncontested one.

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

6) Ld. Advocate for the petitioner submitted that in view of provisions of the Indian Succession Act, 1925, the petitioner, being Nephew 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.

23rd June 2025 Officer on Special Duty, with Testamentary Department