Shravani Mangesh Brid vs Vishwanath Sakharam Brid… — Succession and Inheritance | Bombay HC (2025)

Shravani Mangesh Brid vs Vishwanath Sakharam Brid… — 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, subject to the petitioner filing the account as undertaken in the Petitioner's Oath within the stipulated period, and subject to office verification, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being the grand-daughter of the deceased, is entitled to a grant of Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925, in view of the provisions of the Hindu Succession Act, 1956. +1 more

Court's answer

In view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the grand-daughter of the deceased, is entitled to seek Letters of Administration.

Ratio / Principle

The 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.

Key takeaways

The petition was allowed and Letters of Administration were ordered to be 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¶17

Detailed headnote1 paragraphs

Succession — Letters of Administration — Indian Succession Act, 1925 / Hindu Succession Act, 1956 — Bombay High Court, Testamentary Department (75.TP/177/2025), decided 12th March 2025 by Shri. P. A. Jagdale, Officer on Special Duty. Petition by Shravani Mangesh Brid, grand-daughter of the deceased Vishwanath Sakharam Brid (who died on 05-08-2023 at Mumbai), for Letters of Administration for the properties shown in Schedule-I. Citation was affixed on the Notice Board of the High Court and the Collector's Office at Mumbai and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396; no one appeared to resist the claim and the petition was treated as uncontested. Legal heirs consented by affidavits without reserving any right; an administration bond in prescribed form No. 118 was filed with surety. Held: in view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the grand-daughter of the deceased, is entitled to seek Letters of Administration; the facts stated on oath by the petitioner and the heirs remained unchallenged and required to be accepted. Petition allowed and Letters of Administration granted for the scheduled properties, with the petitioner directed to file the account as undertaken in her Oath, and the office to verify, before issuance of the grant, that no cross-petition or caveat is pending.

1 75.TP/177/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 12th March 2025

FOR COMPLIANCE:

TP/177/2025 P. Shri. Prabhu Velar Ld. Advocate for the Petitioner C. :

[Original]

(ECHCBM021548 72024)

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 Vishwanath Sakharam Brid (For short “Said deceased”). The petitioner, namely Shravani Mangesh Brid, 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 05-08-2023 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

2 75.TP/177/2025

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 provisions of the Hindu Succession Act 1956, the petitioner, being Grand-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.

12th March 2025 Officer on Special Duty, with Testamentary Department