Geetanjali Vijay Ambekar vs Vijay Bhaguram Ambekar… — Succession and Inheritance | Bombay HC (2025)

Geetanjali Vijay Ambekar vs Vijay Bhaguram Ambekar… — 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; 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 or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, widow of the deceased Vijay Bhaguram Ambekar, for the properties left by the deceased under the provisions of the Indian Succession Act, 1925.

Court's answer

As the citation period had expired, notice had been issued to the Collector, no one appeared to resist the petitioner's claim and nothing was brought to the Court's notice regarding pending litigation over the same properties, the petition was treated as uncontested.

Ratio / Principle

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 the prescribed format under the Indian Succession Act, 1925.

Detailed headnote1 paragraphs

Testamentary Petition 75.TP/159/2024, decided 10th June 2025 by Shri P. A. Jagdale, Officer on Special Duty, Testamentary Department. Petition by Geetanjali Vijay Ambekar, widow of deceased Vijay Bhaguram Ambekar (died 14-11-2022 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 to the Schedule-I properties. Citation duly affixed on the High Court and Collector's Office notice boards with 14 days expired under Rule 397(1) and (4), and notice to Collector issued under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no objection raised. Legal heir consented by affidavit without reserving any right; administration bond in prescribed form No. 118 filed with surety. Petition held uncontested and allowed; Letters of Administration granted; petitioner to file account as undertaken in the Petitioner's Oath within stipulated period; office to verify absence of cross-petition or caveat before issuing the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 10th June 2025

FOR COMPLIANCE:

75.TP/159/2024 P.C. Ms. Bhakti Patil i/b. Prabhu Velar, Ld. Advocate for the : Petitioner.

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 VIJAY BHAGURAM AMBEKAR (For short “Said deceased”). The petitioner, namely GEETANJALI VIJAY AMBEKAR, 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 14-11-2022 at Mumbai 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.

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) Legal heir of the deceased has consented by way of

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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.

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

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 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.

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,

10th June 2025 Officer on Special Duty, with Testamentary Department