Swati Rajendra Dave vs Rajendra Bhagwandas Dave — Succession and Inheritance | Bombay HC (2025)

Swati Rajendra Dave vs Rajendra Bhagwandas Dave — 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, 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 and no caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioners under the Indian Succession Act, 1925 for the properties left by the three deceased (Rajendra, Dilipkumar and Jayantika Bhagwandas Dave).

Court's answer

Since no one appeared to resist the petitioners' claim despite citation and nothing was brought to notice regarding pending litigation over the same properties, the petition is treated as uncontested.

Ratio / Principle

The facts stated by the petitioners and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Key takeaways

Petition allowed; Letters of Administration granted to the petitioners 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¶¶16

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty Shri P. A. Jagdale), 21st March 2025 — TP/5502/2024: Uncontested petition under the Indian Succession Act, 1925 for Letters of Administration to the estates of three deceased siblings — Rajendra Bhagwandas Dave (died 06.10.2022 at Mumbai), Dilipkumar Bhagwandas Dave (died 05.05.2022 at Mumbai) and Jayantika Bhagwandas Dave (died unmarried 14.05.2021 at Mumbai). Petitioners Swati Rajendra Dave (widow of deceased No. 1) and Saroj Dilipkumar Dave (widow of Dilipkumar) sought the grant. Citation published under Rules 396 and 397(1)/(4) of the Bombay High Court (O.S.) Rules, 1980 drew no objection; all legal heirs except Kishor consented by affidavit without reserving any right; after Kishor refused to acknowledge citation, his share was deposited pursuant to Judge's Order No. JOT/44/2025. Administration Bond in prescribed Form No. 118 with surety was filed. Holding that the facts stated on oath by the petitioners and heirs remained unchallenged and had to be accepted, the court allowed the petition and granted Letters of Administration for the scheduled properties, directing the petitioner to file an account as undertaken in the Petitioner's Oath and the office to verify, before issuance of the grant, that no cross-petition is pending and no caveat is filed.