Shashikant Bhaskar Sangle vs Sangle Bhaskar Devram… — Succession and Inheritance | Bombay HC (2025)

Shashikant Bhaskar Sangle vs Sangle Bhaskar Devram… — 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 as per the provisions of the Indian Succession Act, 1925; petitioner directed to file the 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 or caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioner, Shrikant Bhaskar Sangle, son and sole class-I heir of the deceased SANGLE BHASKAR DEVRAM, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

Despite issuance of citation and notice to the Collector, no one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation pertaining to the same properties; hence the petition is treated as uncontested.

Ratio / Principle

In view of the orders passed in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.

Key takeaways

The facts stated by the petitioner on oath, having remained unchallenged, are required to be accepted; the petitioner, being the son of the deceased, is entitled to seek Letters of Administration, and the petition deserves to be allowed as prayed for.ratio¶12

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (OS) — 46.TP/1481/2025, decided 13th August, 2025 by Shri. P. A. Jagdale, Officer on Special Duty: Petition for grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased SANGLE BHASKAR DEVRAM, who died a widower on 14-12-2018 at Nimon, Ahmednagar (printed as 'Ahmaednagar'), leaving legal heirs shown in paragraph 4 of the petition. Petitioner Shrikant Bhaskar Sangle, the deceased's son, claimed to be the sole class-I heir and relied on the Hindu Succession Act, 1956. Citation was duly affixed on the Notice Board of the Hon'ble High Court and the Collector's Office at Mumbai under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; 14 days expired with no appearance or caveat and no pending litigation disclosed; the delay was explained vide Rule 382. Following the orders in TP Nos. 2556 & 2559 of 2022 (dated 28.02.2023) and TP/2918/2023, the petitioner, as sole class-I heir, was exempted from furnishing the administrative bond. The facts on oath remaining unchallenged, the petition was treated as uncontested and allowed: Letters of Administration granted as per the schedule, subject to the petitioner filing the account as undertaken in the oath and to office verification, before issuance of the grant, that no cross-petition or caveat is pending.

1 46.TP/1481/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 13th August, 2025

FOR COMPLIANCE:

TP/1481/2025 P. C. Ms. Anita Phanse Ld. Advocate for the Petitioner : (AMH20210053605 C202400005)

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 SANGLE BHASKAR DEVRAM (For short “Said deceased”). The petitioner, namely Shrikant Bhaskar Sangle, 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 Widower on 14-12-2018 at Nimon, Ahmaednagar, 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.

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

2 46.TP/1481/2025

treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956 1956, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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.

13th August, 2025 Officer on Special Duty, with Testamentary Department