Bhushan Ganesh Shelar vs Bhagirathi Harishchandra… — Succession and Inheritance | Bombay HC (2025)

Bhushan Ganesh Shelar vs Bhagirathi Harishchandra… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration 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; petitioner to file account as undertaken in Petitioner's Oath within stipulated period; office to verify absence of any cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, being the grandson of the deceased, had the capacity/was entitled to file for Letters of Administration although the deceased's son (the petitioner's father, Ganesh) is alive. +1 more

Court's answer

With the departmental objection to the grandson filing during his father's lifetime already dispensed (order dated 13.12.2024), the court accepted the advocate's submission under the Hindu Succession Act, 1956 that the petitioner, being the grandson of the deceased, was entitled to seek Letters of Administration, and held that the facts stated by the petitioner and the legal heir on oath remained unchallenged and were required to be accepted.

Ratio / Principle

As no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.

Key takeaways

The petition was allowed and Letters of Administration were directed to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format under the Indian Succession Act, 1925.ratio¶16

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department, O.S.) — T.P. 61/18/2025: Letters of Administration under the Indian Succession Act, 1925 granted on 27th February, 2025 to Bhushan Ganesh Shelar, grandson of the deceased Bhagirathi Harishchandra Shelar (died 21-12-1999 at Mumbai). Departmental objection to the grandson applying during the lifetime of the deceased's son (Ganesh) had been dispensed by order dated 13.12.2024; entitlement urged under the Hindu Succession Act, 1956. Petition uncontested — citation affixed and 14 days expired (Rules 397(1),(4)), Collector noticed (Rule 396), no caveat or opposing appearance; administration bond (Form No. 118) with surety filed; delay explained vide Rule 382. Petition allowed as prayed for.

1 61.TP/18/2025

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

FOR COMPLIANCE:

TP/18/2025 P. ANKITA PHATAK, Ld. Advocate for the Petitioner [Original] C. : (ECHCBM020987 1) This is a petition for grant of Letters of Administration, 22024)

1) 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 Bhagirathi Harishchandra Shelar alias Bhagirathibai Harishchandra Shelar alias Bhagiratlnbai Harichandra Shelar (For short “Said deceased”). The petitioners, namely Bhushan Ganesh Shelar, has filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Widow on 21-12-1999 at Mumbai leaving behind her 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. The delay has been explained vide Rule 382 of the Rules.

4) 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 61.TP/18/2025

treated as uncontested one.

5) Legal heir of the deceased has consented by way of 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.

6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

7) The petitioner is grandson of the deceased. His father is alive therefore the department had raised question as to his capacity to file the petition, in life time of his father(Ganesh). The Hon’ble Court has dispensed with the said objection vide an order dated 13.12.2024. Hence, the petition is taken up for further order.

8) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner, being Grandson of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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.

2) The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

3) 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,

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