Rahul Suresh Chandiwale and Anr. vs Deeplaxmi… — Succession and Inheritance | Bombay HC (2025)

Rahul Suresh Chandiwale and Anr. vs Deeplaxmi… — 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 Deeplaxmi Suresh Chandiwale and shown in the schedule, under the Indian Succession Act, 1925; petitioners to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify, before issuance of the grant, 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 petitioners under the Indian Succession Act, 1925 for the properties left by the deceased Deeplaxmi Suresh Chandiwale.

Court's answer

No one appeared to resist the petitioners' claim and nothing was brought to the notice regarding pending litigation pertaining to the same properties; the petition is therefore treated as uncontested.

Ratio / Principle

In view of the order in TP No. 2918/2023, all legal heirs of the deceased are the petitioners, and they are exempted from furnishing the surety bond.

Key takeaways

Facts stated by the petitioners on oath remained unchallenged and were required to be accepted; accordingly the petition deserves to be allowed as prayed for.ratio¶12
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¶14

Detailed headnote1 paragraphs

Testamentary — Letters of Administration — Indian Succession Act, 1925 — petition by son (Rahul Suresh Chandiwale) and daughter (Pallavi Nilesh Samel) of deceased Deeplaxmi Suresh Chandiwale, who died on 13-08-2020 at Badalapur, Dist. Thane — citation duly affixed on Notice Board of the Hon'ble High Court and Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice issued to Collector under Rule 396 — no one appeared to resist the claim and no pending litigation reported — petition treated as uncontested — all legal heirs being petitioners, exempted from furnishing surety bond in view of order in TP No. 2918/2023 — facts stated on oath unchallenged — petition allowed and Letters of Administration granted; office to verify no cross petition or caveat before issuance of grant.

1 41.TP/169/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 28th July 2025

FOR COMPLIANCE:

TP/169/2025 P. C. Shri. Saurabh Jain i/b Shivani Samel Ld. Advocate for the : (AMH20240130170 Petitioner C202400002)

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 Deeplaxmi Suresh Chandiwale (For short “Said deceased”). The petitioners, namely (1) RAHUL SURESH CHANDIWALE, (2) PALLAVI NILESH SAMEL, have 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 13-08-2020 at Badlapurgaon, Badalapur, Dist. Thane leaving behind her legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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

2 41.TP/169/2025

treated as uncontested one.

In view of the Order, passed in the TP No. 2918/2023, the all-legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner No. 1 being son and No. 2 being daughter of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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 petitioners 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 petitioners 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.

28th July 2025 Officer on Special Duty, with Testamentary Department