Shree Prasad Ramadhar Sonar vs Preeti Madhukar… — Succession and Inheritance | Bombay HC (2025)

Shree Prasad Ramadhar Sonar vs Preeti Madhukar… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner (husband of the deceased) for the properties left by the deceased and shown in the schedule, in prescribed format under the Indian Succession Act, 1925, subject to office verification of no cross petition or caveat and filing of an account as undertaken in the Petitioner's Oath.

Issue for consideration

Whether Letters of Administration should be granted under the Indian Succession Act, 1925 to the petitioner for the properties left by the deceased PREETI MADHUKAR BIRJE. +2 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 prescribed format under the Indian Succession Act, 1925.

Ratio / Principle

The 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.

Key takeaways

In view of the order passed in Testamentary Petition No. 1701 of 2017, no requisition is required to justify the share of the minor legal heir Ridiyasha Sonar, as the petitioner is her birth parent.ratio¶11
Before issuance of the grant, the office is to verify that no cross petition is pending and no caveat resisting the petition has been filed.ratio¶17
The petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), T.P. 58.TP/1002/2025 (decided 05-08-2025, Shri. P. A. Jagdale, OSD): Letters of Administration granted under the Indian Succession Act, 1925 to Shree Prasad Ramadhar Sonar, husband of the deceased Preeti Madhukar Birje, who died married on 22-03-2024 at Palghar leaving the heirs listed in paragraph 4 of the petition and the properties in Schedule-I. After citation was affixed on the High Court and Collector's Office (Mumbai) notice boards with 14 days expired under Rules 397(1) and (4), and notice to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980, no one resisted and the petition was treated as uncontested. The minor heir Ridiyasha Sonar consented by affidavit through her natural guardian (the petitioner) without reserving any right; in view of the order in Testamentary Petition No. 1701 of 2017 no requisition was required to justify her share as the petitioner is her birth parent. An administration bond in Form No. 118 with surety was filed. On the unchallenged sworn facts, and on counsel's submission invoking the Hindu Succession Act 1956 that the husband is entitled to seek Letters of Administration, the petition was allowed, subject to office verification that no cross petition or caveat is pending and to the petitioner filing an account as undertaken in his oath.

1 58.TP/1002/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 05th August, 2025

FOR COMPLIANCE:

58 . TP/1002/2025 P. Shri. Anthony Fernnandes i/b JAISWAR ANUJ SUSHILLd. C. : Advocate for the Petitioner (AMH2024013705 3C202400001)

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 PREETI MADHUKAR BIRJE W/O SHREE PRASAD RAMADHAR SONAR (For short “Said deceased”). The petitioner, namely SHREE PRASAD RAMADHAR SONAR, 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 22-03-2024 at Palghar 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.

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.

2 58.TP/1002/2025

One of the minor legal heir of the deceased has consented by way of Affidavit through her natural guardian who is also petitioner, to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

The petitioner being birth patent of the minor has filed affidavit. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, namely Ridiyasha Sonar as the petitioner is the birth parent of said minor.

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

05th August, 2025 Officer on Special Duty, with Testamentary Department