Geetanjally Ramchandra Nirmale vs Sanjay Rao… — Succession and Inheritance | Bombay HC (2025)

Geetanjally Ramchandra Nirmale vs Sanjay Rao… — 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 under the Indian Succession Act, 1925; administrative bond dispensed with as the petitioner is the sole heir; petitioner to file the account undertaken in the Petitioner's Oath within the stipulated period; office to verify before issuance of the grant that no cross petition or caveat is pending.

Issue for consideration

Whether the petitioner Geetanjally Ramchandra Nirmale, sister of the deceased Sanjay Rao Adsule, is entitled to Letters of Administration under the Indian Succession Act, 1925 read with the Hindu Succession Act 1956 for the properties left by the deceased. +2 more

Court's answer

Under the Hindu Succession Act 1956, the petitioner, being the sister of the deceased, is entitled to seek Letters of Administration; the facts stated by the petitioner on oath remained unchallenged and were required to be accepted.

Ratio / Principle

Since no one appeared to resist the claim of the petitioner and no pending litigation pertaining to the same properties was brought to notice, the petition is treated as uncontested.

Key takeaways

The petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond in view of the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.ratio¶11
Petition allowed; 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 provisions of the Indian Succession Act, 1925.ratio¶14
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Uncontested testamentary petition (41.TP/7/2025) under the Indian Succession Act, 1925, decided on 21st July 2025 by Shri P. A. Jagdale, Officer on Special Duty, with Testamentary Department, Bombay High Court. Geetanjally Ramchandra Nirmale, sister of the deceased Sanjay Rao Adsule — who died a bachelor on 20-04-2021 at Mumbai leaving the Schedule-I properties and, per the petitioner, no other legal heirs — sought Letters of Administration. Citation was affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, notice to the Collector issued vide Rule 396, and the delay explained vide Rule 382; nobody appeared in opposition and no pending litigation concerning the same properties was disclosed, so the petition was treated as uncontested. Following the Hon'ble Court's orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner, being the sole heir of the deceased, was exempted from furnishing the administrative bond. On the submission under the Hindu Succession Act 1956 that the sister of the deceased is entitled to seek Letters of Administration, and finding the facts stated on oath unchallenged, the petition was allowed: Letters of Administration granted in prescribed format, the petitioner to file the account undertaken in her Oath within the stipulated period, and the office directed to verify, before issuance of the grant, that no cross petition is pending and no caveat resisting the petition has been filed.

1 41.TP/7/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 21st July 2025

FOR COMPLIANCE:

TP/7/2025 P. C. Shri. Suyash Kalbhor i/b Atish Mahade Ld. Advocate for the : (AMH20240126951 Petitioner C202400009)

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 Sanjay Rao Adsule (For short “Said deceased”). The petitioner, namely Geetanjally Ramchandra Nirmale, 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 bachelor on 20-04-2021 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 41.TP/7/2025

treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner being the sole heir of the deceased is exempted from furnishing the administrative bond.

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

21st July 2025 Officer on Special Duty, with Testamentary Department