Acchut Sahdev Patade Alias Acchut Sahadeo Patade… — Succession and Inheritance | Bombay HC (2025)

Acchut Sahdev Patade Alias Acchut Sahadeo Patade… — 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, under the Indian Succession Act, 1925; 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 the petitioner, being the brother of the deceased Upendra Sahadeo Patade alias Upendra Sahadev Patade, is entitled to be granted Letters of Administration for the properties left by the deceased (Schedule-I) under the Indian Succession Act, 1925.

Court's answer

Since no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.

Ratio / Principle

In view of the Hon'ble Court's Order dated 03.01.2025 and the provisions of the Hindu Succession Act 1956, the petitioner, being the brother of the deceased, is entitled to seek Letters of Administration; the facts stated by the petitioner and the heirs on oath remained unchallenged and were required to be accepted.

Key takeaways

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, as per the provisions of the Indian Succession Act, 1925.ratio¶¶14

Detailed headnote1 paragraphs

Testamentary Petition (68.TP/1655/2025) under the Indian Succession Act, 1925 — Acchut Sahdev Patade alias Acchut Sahadeo Patade, brother of the deceased Upendra Sahadeo Patade alias Upendra Sahadev Patade (who died as a married on 03-02-2022 at Mumbai), sought Letters of Administration for the deceased's properties shown in Schedule-I. Citation was duly affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector was issued under Rule 396; no objection or pending litigation was reported and the legal heirs consented by affidavits without reserving any right; the Administration Bond in prescribed Form No. 118 was filed with surety. Relying on the Court's Order dated 03.01.2025 and the Hindu Succession Act 1956, the petitioner as brother of the deceased was held entitled; the petition, being uncontested, was allowed and Letters of Administration granted, subject to filing of the account as undertaken in the Petitioner's Oath and verification by the office that no cross-petition or caveat is pending before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th June 2025

FOR COMPLIANCE:

68.TP/1655/2025 P.C. Mr. Sherekar Mahadeo, 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 Upendra Sahadeo Patade alias Upendra Sahadev Patade (For short “Said deceased”). The petitioner, namely Acchut Sahdev Patade alias Acchut Sahadeo Patade, 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 married on 03-02-2022 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.

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 heirs of the deceased have consented by way of

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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, interse.

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

Ld. Advocate for the petitioner submitted that in view of the Hon’ble Court’s Order dated 03.01.2025 and as per the provisions of the Hindu Succession Act 1956, the petitioner, being Brother 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:

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.

25th June 2025 Officer on Special Duty, with Testamentary Department