Shweta Sanjay Gharat vs Sadhana Anant Gharat… — Succession and Inheritance | Bombay HC (2025)

Shweta Sanjay Gharat vs Sadhana Anant Gharat… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Shweta Sanjay Gharat for the properties left by the deceased and shown in the schedule, subject to filing of account as undertaken in the Petitioner's Oath and office verification that no cross petition or caveat is pending before issuance of the grant.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, Shweta Sanjay Gharat, for the properties left by the deceased Sadhana Anant Gharat under the Indian Succession Act, 1925.

Court's answer

No one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation pertaining to the same properties; hence the petition was treated as an uncontested one.

Ratio / Principle

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

Key takeaways

In view of the order passed in Testamentary Petition No. 1701 of 2017, there was no requisition to justify the share of the minor legal heir Vivan Gharat, as the petitioner is the birth parent of the said minor.ratio¶13
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. (The preceding submission by counsel that the petitioner, being the daughter-in-law of the deceased, is entitled under the Hindu Succession Act, 1956 is counsel's argument, not this court's independent holding.)ratio¶15

Detailed headnote1 paragraphs

Testamentary Petition TP/1816/2025 (decided 31st July 2025 by Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department) — Petition by Shweta Sanjay Gharat for Letters of Administration under the Indian Succession Act, 1925 to the properties of the deceased Sadhana Anant Gharat, who died a widow on 11-08-2020 at Mumbai leaving legal heirs listed in paragraph 4 of the petition. Counsel for the petitioner submitted that, in view of the Hindu Succession Act, 1956, the petitioner, being the daughter-in-law of the deceased, is entitled to seek Letters of Administration. Citation was published on the Notice Boards of the High Court and the Collector's Office, Mumbai, with 14 days expired (Rule 397(1) and (4)) and notice issued to the Collector (Rule 396); delay explained vide Rule 382; no objection or pending litigation was brought to notice, so the petition was treated as uncontested. All legal heirs consented by affidavit without reserving any right; the minor heir Vivan Gharat consented through his natural guardian (the petitioner, his birth parent), and in view of the order passed in Testamentary Petition No. 1701 of 2017 no requisition arose to justify the minor's share. Administration bond filed in prescribed form No. 118 with surety. Held: petition allowed; Letters of Administration granted for the scheduled properties; petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross petition or caveat before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 31st July 2025

FOR COMPLIANCE:

TP/1816/2025 P. C. Shri. Prashant Pashte Ld. Advocate for the Petitioner (AMH2023002466 7C202400003) 1) This is a petition for grant of Letters of Administration,

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 Sadhana Anant Gharat (For short “Said deceased”). The petitioner, namely Shweta Sanjay Gharat, 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. Petitioner has amended petition, however, date of re-marriage is not mentioned in the petition.

Said deceased died as a Widow on 11-08-2020 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.

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

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Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

One of the Legal heir of the deceased being minor has consented through his natural guardian who is also petitioner has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

The petitioner being birth patent of the minor has filed affidavit. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, namely Vivan Gharat as the petitioner is the birth parent of said minor.

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-in-Law 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.

31st July 2025 Officer on Special Duty, with Testamentary Department