Abhijeet Ramdas Padalkar And Anr. vs Reshma Ramdas… — Succession and Inheritance | Bombay HC (2025)

Abhijeet Ramdas Padalkar And Anr. vs Reshma Ramdas… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners (sons of the deceased) for the properties left by the deceased and shown in the schedule; petitioners directed to file an account as undertaken in the Petitioner's Oath within the stipulated period, and the 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 (sons of the deceased Reshma Ramdas Padalkar) for the properties left by the deceased, under the Indian Succession Act, 1925.

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 was accordingly treated as uncontested.

Ratio / Principle

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

Key takeaways

The facts stated by the petitioners on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.ratio¶¶12
The petition is allowed and Letters of Administration are to be granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925.ratio¶¶14

Detailed headnote1 paragraphs

Testamentary Petition 34.TP/17/2025 (Bombay High Court, Testamentary Department, decided 04.04.2025 by Shri. P. A. Jagdale, Officer on Special Duty): Petitioners Abhijeet Ramdas Padalkar and Ashish Ramdas Padalkar, sons of the deceased Reshma Ramdas Padalkar (who died as a widow on 02-11-2023 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925 for the properties left by her and shown in Schedule-I. Citation was affixed on the High Court and Collector's Office notice boards with 14 days expiring under Rule 397(1) and (4), and notice was issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one appeared to resist the claim and no pending litigation was reported, so the petition was treated as uncontested. In view of the order in TP No. 2918/2023, all legal heirs being petitioners, they were exempted from furnishing the surety bond. The court accepted the unchallenged sworn facts and allowed the petition, granting Letters of Administration in the prescribed format, directing the petitioners to file an account as undertaken in the Petitioner's Oath, and requiring office verification that no cross-petition or caveat existed before issuance of the grant.

1 34.TP/17/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 04th April 2025

FOR COMPLIANCE:

TP/17/2025 P. Shri. V . K. Rajbhar Ld. Advocate for the Petitioner C. : (AMH202401290 27C202400007)

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 Reshma Ramdas Padalkar (For short “Said deceased”). The petitioners, namely (1) Abhijeet Ramdas Padalkar, (2) Ashish Ramdas Padalkar, 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 Widow on 02-11-2023 at Mumbai 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 34.TP/17/2025

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, being Sons 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.

Officer on Special Duty,

04th April 2025 Officer on Special Duty, with Testamentary Department