Anushka Avdhaut Masurkar vs Avdhaut Gopal Masurkar… — Succession and Inheritance | Bombay HC (2025)

Anushka Avdhaut Masurkar vs Avdhaut Gopal Masurkar… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Anushka Avdhaut Masurkar 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; petitioner exempted from furnishing the administrative bond; petitioner 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 or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, widow of the deceased, is entitled to seek Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925. +1 more

Court's answer

As no one appeared to resist the petitioner's claim despite publication of citation and notice to the Collector, the petition was treated as uncontested; the facts stated by the petitioner on oath remained unchallenged and were required to be accepted, and the petition was accordingly allowed as prayed for, the petitioner being the widow of the deceased entitled to Letters of Administration.

Ratio / Principle

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

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department) - Order dated 27th February, 2025 by Shri P. A. Jagdale, Officer on Special Duty, in 58.TP/15/2025: Anushka Avdhaut Masurkar, widow of deceased Avdhaut Gopal Masurkar (who died a married man on 02-05-2021 at Mumbai leaving her as sole Class-I heir), petitioned under the Indian Succession Act, 1925 for Letters of Administration to the properties shown in Schedule-I of the petition. Citation was affixed on the High Court and Collector's Office notice boards (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980) and notice was issued to the Collector (Rule 396); no objector appeared and no pending litigation was brought to notice, so the petition was treated as uncontested. In view of the Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner was exempted from furnishing the administrative bond. Held: facts stated by the petitioner on oath remained unchallenged and were accepted; petition allowed and Letters of Administration granted; petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period, and before issuance of the grant the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

1 58.TP/15/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 27th February, 2025

FOR COMPLIANCE:

TP/15/2025 P. Tanvi Kamat Deosthale i/b Saurabh Oka, Ld. Advocate for (AMH202401268 C. : the Petitioner 91C202400010)

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 Avdhaut Gopal Masurkar (For short “Said deceased”). The petitioner, namely Anushka Avdhaut Masurkar, has filed documents.

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.

3) Said deceased died as a married on 02-05-2021 at Mumbai leaving behind him legal heir, 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.

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 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.

5) In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner

2 58.TP/15/2025

being the sole class-I heir of the deceased is exempted from furnishing the administrative bond.

6) 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, 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.

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

3) 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,

27th February, 2025 Officer on Special Duty, with Testamentary Department