Vishal Vijay Tandon vs Sonia Vishal Tandon… — Succession and Inheritance | Bombay HC (2025)

Vishal Vijay Tandon vs Sonia Vishal Tandon… — 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, in the prescribed format under 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 that no cross-petition is pending or caveat resisting the petition is filed before issuance of the grant.

Issue for consideration

Whether the petitioner, being the husband of the deceased Sonia Vishal Tandon, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925, in view of the Hindu Succession Act, 1956, for the properties left by the deceased.

Court's answer

In view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the husband of the deceased, is entitled to seek Letters of Administration.

Ratio / Principle

Facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925 — Petitioner, husband of the deceased Sonia Vishal Tandon (who died on 21-03-2021 at USA), sought Letters of Administration for the properties left by the deceased and shown in Schedule I — Citation affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai; 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to Collector issued under Rule 396 — No one appeared to resist the claim; petition treated as uncontested — Legal heir consented by affidavit without reserving any right — Administration bond in prescribed form No. 118 with surety filed — Facts stated on oath remained unchallenged — Held: petition allowed and Letters of Administration granted; petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross-petition or caveat before issuance of the grant.

1 20.TP/1000/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 14th October, 2025

FOR COMPLIANCE:

TP/1000/2024 P. Shri. R T Kharwar Ld. Advocate for the Petitioner C. :

This is a petition 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 Sonia Vishal Tandon (For short “Said deceased”). The petitioner, namely Vishal Vijay Tandon, has filed documents.

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 21-03-2021 at USA 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. The deceased left properties shown in 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 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 heir of the deceased has consented by way of

2 20.TP/1000/2024

Affidavit to grant the prayer of the petitioner to grant a Letter of Administration, without reserving any right. The legal heir has accepted the facts regarding their relationship, inter se.

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 Hindu Succession Act, 1956, the petitioner, being Husband of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heir 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 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.

14th October, 2025 Officer on Special Duty, with the Testamentary Department