Allowed¶16

Sarala Dilip Jadhav v. Dilip Krishna Jadhav Deceased

Bombay HC28 Apr 2025TP/1224/2024

Case brief

AI extract

What is this about?

Uncontested testamentary petition under the Indian Succession Act, 1925: Letters of Administration granted to widow Sarala Dilip Jadhav of deceased Dilip Krishna Jadhav (died 04-08-2013, Candolim, Bardez Goa); heirs consented; citation published under Bombay High Court (O.S.) Rules 396/397; entitlement founded on Hindu Succession Act, 1956; decided 18-06-2025.

What did the court decide?

Letters of Administration granted to the petitioner Sarala Dilip Jadhav for the properties left by the deceased Dilip Krishna Jadhav and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925, subject to filing of account as undertaken in the Petitioner's Oath and office verification that no cross petition or caveat is pending before issuance of the grant. ¶16

Sarala Dilip Jadhav vs Dilip Krishna Jadhav Deceased — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Letters of Administration should be granted to the petitioner Sarala Dilip Jadhav, widow of the deceased Dilip Krishna Jadhav, for the properties left by the deceased and shown in Schedule-I of the petition, under the Indian Succession Act, 1925.

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Court's answer

Since nobody appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties despite publication of citation, the petition is treated as uncontested.

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Ratio / Principle

Facts stated by the petitioner and the heirs of the deceased, on oath, remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for, the petitioner being the widow of the deceased entitled under the Hindu Succession Act, 1956.

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Key takeaways

Petition allowed; Letters of Administration 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.ratio¶16
Direction: the petitioner to file an account as undertaken in a Petitioner's Oath within the stipulated period.ratio¶17
Condition precedent to the grant: before issuance of the grant, the office to verify that there is no cross petition pending or caveat resisting the petition filed.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department, O.S.), 17.TP/1224/2024, decided 18th June 2025 (P. A. Jagdale, Officer on Special Duty): Sarala Dilip Jadhav, widow of Dilip Krishna Jadhav (who died on 04-08-2013 at Candolim, Bardez Goa), petitioned for Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule-I of the petition. Citation was duly affixed on the notice boards of the High Court and the Collector's Office, Mumbai, and the 14-day period expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector issued under Rule 396; delay explained under Rule 382. Legal heirs consented by affidavits without reserving rights, an administration bond in Form No. 118 with surety was filed, and no one appeared to contest. Treating the petition as uncontested and the sworn facts as unchallenged, the court held the widow entitled under the Hindu Succession Act, 1956, allowed the petition, and granted Letters of Administration for the scheduled properties, directing the petitioner to file the account undertaken in her oath and requiring the office to verify absence of any cross petition or caveat before issuance of the grant.

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1 17.TP/1224/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 18th June 2025

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FOR COMPLIANCE:

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17. TP/ 1224/2024

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P.C Mr. Vinay Gajjar i/b. Sahil Vora, Ld. Advocate . for the Petitioner.

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1) 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 Dilip Krishna Jadhav (For short “Said deceased”). The petitioner, namely Sarala Dilip Jadhav, has filed documents.

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2) 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.

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3) Said deceased died as a married on 04-08-2013 at Candolim Bardez Goa, 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. Deceased left properties shown in the schedule-I of the petition. The delay has been explained vide Rule 382 of the Rules.

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4) 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

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2 17.TP/1224/2024

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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.

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5) Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, inter-se.

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6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

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7) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

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ORDER

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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.

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The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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

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18th June 2025 Officer on Special Duty, with Testamentary Department

Sarala Dilip Jadhav v. Dilip Krishna Jadhav Deceased

Case brief

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Sarala Dilip Jadhav v. Dilip Krishna Jadhav Deceased

Case brief

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What the court decided

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