Manju Singh Wo Balmiki Prasad Singh vs Balmiki… — Succession and Inheritance | Bombay HC (2026)

Manju Singh Wo Balmiki Prasad Singh vs Balmiki… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Manju Singh for the properties left by the deceased BALMIKI PRASAD SINGH and shown in the schedule, in the prescribed format, having effect throughout India as per the provisions of the Indian Succession Act, 1925; petitioner to file account as undertaken in her Oath within the stipulated period; office to verify absence of cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, widow of the deceased, is entitled to be granted Letters of Administration for the properties left by the deceased under the provisions of the Indian Succession Act, 1925. +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, having effect throughout India as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

As no one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation about the same properties despite publication of citation, the petition was treated as an uncontested one.

Key takeaways

The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶¶17
Before issuance of the grant, the office is to verify that there is no cross-petition pending and that no caveat resisting the petition has been filed.ratio¶¶18

Detailed headnote1 paragraphs

Testamentary Petition – Letters of Administration under the Indian Succession Act, 1925: Bombay High Court (Testamentary Department, Officer on Special Duty) allowed the application of Manju Singh, widow of the deceased Balmiki Prasad Singh (died 30-09-2022 at Mumbai), for Letters of Administration over the estate listed in Schedule I of the petition. Citation was issued and affixed on the High Court and Collector's Office notice boards with 14 days expiring under Rule 397(1) and (4), and the Collector was noticed under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no objector appeared and no pending litigation was reported. All legal heirs consented by affidavit without reserving any right, and the administration bond in prescribed Form No. 118 was filed with surety. The petition was treated as uncontested and allowed; directions issued for filing of the account per the Petitioner's Oath and for office verification of no cross-petition or caveat before issuance of the grant. Counsel's entitlement submission invoked the Hindu Succession Act, 1956 (widow's right). No monetary quantum involved; no precedents cited.

1 20.TP/4422/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 10th March, 2026

FOR COMPLIANCE:

TP/4422/2025 ) Shri. Prateek Kharwar i/b R R Sharma Ld. ) [Original] Advocate for the Petitioner )

(ECHCBM02091452024)

P.C.:

Petitioner, namely Manju Singh Wd/o. Balmiki Prasad Singh, has applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely BALMIKI PRASAD SINGH S/o. Late SAMPRADA SINGH(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Married on 30-09-2022 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. The deceased left properties shown in Schedule I of the petition.

Office issued Citation to all concern and same has been 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”). An affidavit to that effect has been filed. Notice to the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se. 6) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of The

2 20.TP/4422/2025

Hindu Succession Act, 1956, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, the 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 the prescribed format, having effect throughout India as per the provisions of the Indian Succession Act, 1925.

1. The petitioner to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

1. Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

10th March, 2026 Officer on Special Duty, with the Testamentary Department