Vishwanath Vijay Sawant vs Ganesh Atmaram Sardar — Bombay HC (2025) — LawSathi Research

Vishwanath Vijay Sawant vs Ganesh Atmaram Sardar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief granted to the Petitioners; Petition dismissed with all issues left open to seek declaratory relief before the appropriate Civil Court having original jurisdiction.

Issue for consideration

Whether the Letters of Administration granted in favour of the Respondent should be revoked, given the Petitioner's claim to hold the tenanted premises of the deceased on the basis of a landlord's tenancy receipt, the premises being the bone of contention between the parties.

Court's answer

A Petitioner asserting a substantive right in property who apprehends that the Grant of Letters of Administration may affect that right must approach the appropriate Civil Court having original jurisdiction for declaratory relief on the strength of his evidence; a Revocation Petition is not the forum for adjudicating such property rights.

Ratio / Principle

This Court, in a Revocation Petition, cannot give its imprimatur to declaratory relief in favour of the Petitioner founded only on one rent receipt and address of the property reflected in Aadhar Card, bank passbook, election identity card and electricity bills.

Key takeaways

All issues are left open to the Petitioner to approach the appropriate Civil Court; this Court expressed no opinion on the merits of entitlement to any of the property of the deceased, which remains subject to proceedings filed in the Civil Court in accordance with law.ratio¶19

Detailed headnote1 paragraphs

Testamentary and Intestate Jurisdiction (Bombay High Court) — Misc. Petition No. 651 of 2025 in Petition No. 1419 of 2022 — Revocation of Letters of Administration — Petitioners, being the son of the deceased's husband Vijay Sawant from his first wife Vandana, sought revocation of the Letters of Administration granted to the Respondent (the deceased's devisee and Original Petitioner), claiming holder-status over the deceased's tenanted premises on the strength of a landlord's tenancy receipt and address particulars in Aadhar Card, bank passbook, election identity card and electricity bills — Held: a Revocation Petition cannot adjudicate asserted proprietary rights nor give an imprimatur to declaratory relief; such declaratory relief must be sought before the appropriate Civil Court having original jurisdiction — Petition dismissed; all issues left open; no opinion expressed on the merits of entitlement to any property of the deceased.

13. MPT-651-25.docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISC. PETITION NO. 651 OF 2025

IN

PETITION NO. 1419 OF 2022

Hirabai Vijay Sawant @ Hira Vijay Sawant @ Hiraben Bhana Sardara .. Deceased Vishwanath Vijay Sawant & Ors. .. Petitioners Versus Ganesh Atmaram Sardara .. Respondent

Mr. Gajanan Shinde a/w Mr. Pratap Yadav, Advocates for Petitioners

Mr. Ajit S. Hodage, Advocates for Respondent (Org. Petitioner)

CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 14, 2025

P. C.:

1. Heard Mr. Shinde, learned Advocate for Petitioners and Mr. Hodage, learned Advocate for Respondent.

2. Present Petition is filed for seeking revocation of Letters of Administration granted in favour of Respondent. Deceased Hirabai expired issueless leaving behind her Will and bequeathing her property to Respondent. Deceased was the second wife of Vijay Sawant. Petitioner before me is the son of Vijay Sawant from his first wife Vandana.

3. Mr. Shinde would inform the Court that Vijay Sawant and Vandana had one son and three daughters who would be entitled to

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the property and credits of the deceased and more specifically the tenanted premises which is the bone of contention between the parties. He would submit that the tenanted premises are in fact private property and the Petitioner herein claims to be the holder of the said property on the basis of tenancy receipt issued by the landlord in favour of him.

4. If the Petitioner has any such substantive right in any property and apprehends that on the basis of Grant issued by this Court in favour of Respondent may affect his property rights in the subject property occupied by him, he can approach the appropriate Civil Court seeking appropriate declaratory relief therein on the strength of the evidence in his favour. Petitioner has called upon this Court to give an imprimatur on the basis of one rent receipt and address of the property reflected in Aadhar Card, bank passbook, election identity card and electricity bills. This Court unfortunately in such Revocation Petition cannot give its imprimatur of such declaratory relief in favour of Petitioner. Leaving all issues open to Petitioner to approach the appropriate Civil Court having original jurisdiction and seek appropriate declaratory relief as available to him in law, present Petition is dismissed. Needless to state that this Court has not expressed any opinion on merits on entitlement to any of the property

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of the deceased and it shall be subject to any proceedings that may be

filed in the Civil Court in accordance with law.

5. Petition is dismissed and disposed.

Amberkar

[ MILIND N. JADHAV, J. ]

Digitally signed RAVINDRAMOHAN by RAVINDRAMOHANAMBERKAR AMBERKAR Date: 2025.11.15 13:13:14 +0530

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