Nirmala Laxmidas Dhruve vs Laxmidas Vithaldas… — Succession and Inheritance | Bombay HC (2025)

Nirmala Laxmidas Dhruve vs Laxmidas Vithaldas… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Nirmala Laxmidas Dhruve for the properties left by the deceased Laxmidas Vithaldas Dhruve and shown in the schedule (Schedule-I of the petition), subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and subject to office verification before issuance of the grant 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 Nirmala Laxmidas Dhruve, widow of the deceased Laxmidas Vithaldas Dhruve, in respect of the properties left by the deceased under the Indian Succession Act, 1925.

Court's answer

As no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties, the petition was 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

Petition allowed and 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 Indian Succession Act, 1925; the petitioner to file an account as undertaken in the Petitioner's Oath, and the office to verify, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.ratio¶15

Detailed headnote1 paragraphs

Uncontested testamentary petition (65.TP/992/2025) before the Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), decided on 20th June 2025. Laxmidas Vithaldas Dhruve died on 29-10-2023 at Mumbai leaving legal heirs shown in paragraph 4 of the petition and properties in Schedule-I. His widow, Nirmala Laxmidas Dhruve, sought Letters of Administration under the Indian Succession Act, 1925. Citation was affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector was issued under Rule 396. No one resisted the claim; the legal heirs consented by affidavits without reserving any right; the petitioner filed an administration bond in prescribed Form No. 118 with surety. Holding that the facts stated on oath remained unchallenged and were required to be accepted, the court allowed the petition and granted Letters of Administration for the scheduled properties, directing the petitioner to file an account as undertaken in the Petitioner's Oath and requiring the office to verify, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.

1 65.TP/992/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 20th June 2025

FOR COMPLIANCE:

65.TP/992/2025 P.C. Mrs. A. H. Wankhade, Ld. Advocate for the Petitioner.

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 Laxmidas Vithaldas Dhruve (For short “Said deceased”). The petitioner, namely Nirmala Laxmidas Dhruve, 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 29-10-2023 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 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 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

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Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

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 Hidnu succession Act, 1956, the petitioner, being Widow 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.

20th June 2025 Officer on Special Duty, with Testamentary Department