Prajakta Dhananjay Latkar vs Dhananjay Keshav… — Succession and Inheritance | Bombay HC (2025)

Prajakta Dhananjay Latkar vs Dhananjay Keshav… — 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 Schedule-I, in prescribed format 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 ought to be granted to the petitioner, under the Indian Succession Act, 1925, for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

As nobody appeared to resist the petitioner's claim and no pending litigation concerning the same properties was brought to notice, the petition was treated as uncontested.

Ratio / Principle

The legal heirs of the deceased consented by affidavits to the grant of Letters of Administration sought by the petitioner, without reserving any right, and accepted the facts regarding their relationship inter se.

Key takeaways

Facts stated by the petitioner 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.ratio¶13
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 prescribed format as per the provisions of the Indian Succession Act, 1925.ratio¶15

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Side) — 60.TP/1717/2025, decided 27th June 2025 by Shri P. A. Jagdale, Officer on Special Duty, with Testamentary Department. Petition by Prajakta Dhananjay Latkar, daughter of the deceased Dhananjay Keshav Latkar (who died on 27-12-2022 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 over the estate properties listed in Schedule-I of the petition. Compliance steps recorded: citation published on the High Court and Collector's Office (Mumbai) notice boards for 14 days under Rules 397(1) and (4), notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980, affidavit of service citation filed, and administration bond in Form No. 118 with surety furnished. Legal heirs consented by affidavits without reserving any right; entitlement pressed under the Hindu Succession Act, 1956 as daughter of the deceased. No objection or caveat received; petition held uncontested and allowed, Letters of Administration granted, with directions to file the account as undertaken in the Petitioner's Oath and for office verification that no cross-petition or caveat is pending before issuance of the grant.

1 60.TP/1717/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 27th June 2025

FOR COMPLIANCE:

TP/1717/2025 P.C. Ms. Indrayanai Koparkar, 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 Dhananjay Keshav Latkar (For short “Said deceased”). The petitioner, namely Prajakta Dhananjay Latkar, 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 27-12-2022 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.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of

2 60.TP/1717/2025

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 provisions of the Hindu Succession Act 1956, the petitioner, being Daughter 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.

27th June 2025 Officer on Special Duty, with Testamentary Department