Shobha Sanjay Ghate Alias Shobha Sitaram Bankar vs… — Succession and Inheritance | Bombay HC (2025)

Shobha Sanjay Ghate Alias Shobha Sitaram Bankar vs… — 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, in prescribed format as per the Indian Succession Act, 1925; petitioner to file account as undertaken in the 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, daughter of the deceased, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased.

Court's answer

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 / Principle

Petition allowed; Letters of Administration 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, 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.

Detailed headnote1 paragraphs

Testamentary petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Sitaram Dagadu Ghate, who died at Mumbai on 10/04/2017 leaving the heirs named in the petition and properties in Schedule-I. Citation was duly published on the Notice Boards of the High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector was issued under Rule 396; no one contested and no pending litigation was reported, so the petition was treated as uncontested. All legal heirs consented by affidavits without reserving any right, and the administration bond in Form No. 118 with surety was filed. On the basis of unchallenged statements on oath, and the petitioner being the daughter of the deceased (per counsel, in view of the Hindu Succession Act, 1956), the petition was allowed and Letters of Administration were granted, with directions to file the account as undertaken in the Petitioner's Oath and for office verification of no cross-petition or caveat before issuance of the grant.

1 43.TP/2012/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th September, 2025

FOR COMPLIANCE:

TP/2012/2025 P. Shri. Shailesh More Ld. Advocate for the Petitioner C. :

[Original]

(ECHCBM0200231 2024)

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 Sitaram Dagadu Ghate (For short “Said deceased”). The petitioner, namely Shobha Sanjay Ghate @ Shobha Sitaram Bankar, 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 10/04/2017 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. 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

2 43.TP/2012/2025

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

1. 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 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.

Officer on Special Duty,

25th September, 2025 Officer on Special Duty, with Testamentary Department