Rajendra Yuvaraj Jadhav and 2 Ors. vs Asha Yuvraj… — Succession and Inheritance | Bombay HC (2025)

Rajendra Yuvaraj Jadhav and 2 Ors. vs Asha Yuvraj… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioners to file account as undertaken in the Petitioner's Oath; office to verify no cross-petition or caveat before issuance of the grant; locker key, if any, to be returned against receipt.

Issue for consideration

Whether the petitioners, being the sons and daughter of the deceased, are entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Court's answer

The petitioners, being the sons and daughter of the deceased, are entitled to seek Letters of Administration; the facts stated by the petitioners on oath remained unchallenged and were required to be accepted.

Ratio / Principle

The petition is allowed and Letters of Administration are granted to the petitioners for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925.

Key takeaways

Since, per the order in TP No. 2918/2023, all the legal heirs of the deceased are petitioners, they are exempted from furnishing the surety bond.ratio¶10
No one appeared to resist the petitioners' claim and nothing was brought to the court's notice regarding pending litigation over the same properties; hence the petition was treated as uncontested.ratio¶9

Detailed headnote1 paragraphs

Testamentary Petition – Letters of Administration – Indian Succession Act, 1925 – Hindu Succession Act, 1956 – Petitioners, being the sons and daughter of the deceased Asha Yuvraj Jadhav (died 26.04.2021 at Mumbai) and Yuvraj Nana Jadhav (died 20.05.2021 at Mumbai), sought Letters of Administration for the properties shown in Schedule I of the petition. Citation was duly affixed on the Notice Board of the Hon'ble High Court and the Collector's Office at Mumbai, and 14 days expired, vide Rules 397(1) and (4) and Rule 396 of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector issued; no one appeared to resist the claim and no pending litigation was noticed, so the petition was treated as uncontested. In view of the order in TP No. 2918/2023, all legal heirs being petitioners, they were exempted from furnishing the surety bond. Held: the facts stated on oath remained unchallenged and were accepted; petition allowed and Letters of Administration granted with effect throughout the State of Maharashtra; petitioners to file account as undertaken in the Petitioner's Oath; office to verify absence of any cross-petition or caveat before issuance of the grant; locker key, if any, deposited with the Prothonotary and Senior Master to be returned against receipt.

1 45.TP/1258/2025

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

FOR COMPLIANCE:

TP/1258/2025 P. C. : Shri. Yogesh Joshi a/w Shri. Harshad Joshi i/b YRJ Legal Ld. Advocate for the Petitioner

P.C.:

Petitioners, namely (1) Rajendra Yuvraj Jadhav, (2) Balraj Yuvraj Jadhav, (3) Rejashree Yuvraj Jadhav, have applied 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 (1) Asha Yuvraj Jadhav, (2) Yuvraj Nana Jadhav (For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificates of both the deceased, identity proofs of both the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased No. 1 died as a married no. 26.04.2021 at Mumbai and deceased No. 2 died as a Widower on 20.05.2021 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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.

In view of the Order, passed in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner No. 1 & 2 being sons and No. 3 being

1 45.TP/1258/2025

daughter of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, 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 petitioners for properties, left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

1. The petitioners 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.

1. The office to return the Locker key, if any, deposited with the office of the Prothonotary and Senior Master of the Hon’ble High Court after obtaining the receipt, as per the Rules.

18th November 2025 Officer on Special Duty, with the Testamentary Department