Surekha Vilas Angne vs Satyawati Chandrakant Lad… — Succession and Inheritance | Bombay HC (2025)

Surekha Vilas Angne vs Satyawati Chandrakant Lad… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Surekha Vilas Angne for the properties left by the deceased Satyawati Chandrakant Lad and shown in the schedule, in prescribed format per the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the petitioner's oath within the stipulated period; before issuance of the grant, the office to verify that no cross petition is pending and no caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner, Surekha Vilas Angne (stated in the submission to be the daughter of the deceased), for the properties left by the deceased Satyawati Chandrakant Lad. +1 more

Court's answer

On the advocate's submission grounded in the Hindu Succession Act 1956, the petitioner, being the daughter of the deceased, is entitled to seek Letters of Administration.

Ratio / Principle

After the citation period expired with no appearance resisting the claim and nothing brought to notice regarding pending litigation over the same properties, the petition was treated as uncontested.

Key takeaways

The facts stated on oath by the petitioner and the heir of the deceased remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶13
The petition is allowed and Letters of Administration are granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925, subject to filing of an account as undertaken in the petitioner's oath and pre-grant office verification that no cross petition is pending and no caveat resisting the petition is filed.ratio¶15

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty), decided 03-07-2025 — 67.TP/1008/2025: Uncontested petition for Letters of Administration under the Indian Succession Act, 1925 in respect of the estate of the deceased Satyawati Chandrakant Lad (widow, died 06-09-2021 at Malvan, Sindhudurg; properties per Schedule-I of the petition) granted to petitioner Surekha Vilas Angne. Citation was affixed on the Hon'ble High Court and Collector's Office, Mumbai notice boards and the 14-day period under Rule 397(1) and (4), with Collector's notice under Rule 396, of the Bombay High Court (O.S.) Rules, 1980 expired without any appearance resisting the claim or report of pending litigation over the same properties. Legal heir consented by affidavit without reserving any right; administration bond in prescribed Form No. 118 filed with surety. Entitlement rested on the Hindu Succession Act 1956, the petitioner being the daughter of the deceased; sworn facts of petitioner and heir went unchallenged and were accepted. Grant ordered subject to filing of the account as undertaken in the petitioner's oath and office verification, before issuance of the grant, that no cross petition is pending and no caveat resisting the petition has been filed.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd July 2025

FOR COMPLIANCE:

TP/1008/2025 P. Shri. Sudhir Yadav i/b Sandesh D. InamdarShinde Ld. C. : (AMH20210048074 Advocate for the Petitioner C202400004)

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 Satyawati Chandrakant Lad (For short “Said deceased”). The petitioner, namely Surekha Vilas Angne, 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 Widow on 06/09/2021 at Malvan, Sindhudurg 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

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treated as uncontested one.

Legal heir of the deceased has consented by way of Affidavit 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.

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 Daughter 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.

Officer on Special Duty,

03rd July 2025 Officer on Special Duty, with Testamentary Department