Anand Khashaba Jadhav vs Late Khashaba Balu Jadhav — Succession and Inheritance | Bombay HC (2025)

Anand Khashaba Jadhav vs Late Khashaba Balu Jadhav — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioners Anand Khashaba Jadhayv and Ravindra Khashaba Jadhav for the properties left by deceased Khashaba Balu Jadhav and shown in the schedule of the petition, in the prescribed format, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925, subject to filing of the account undertaken in the Petitioner's Oath and office verification that no cross-petition or caveat is pending.

Issue for consideration

Whether Letters of Administration should be granted to the petitioners, stated to be sons of the deceased KHASHABA BALU JADHAV, for the properties left by the deceased and shown in Schedule I of the petition, under the provisions of the Indian Succession Act, 1925.

Court's answer

Despite publication of citation on the Notice Boards of the Hon'ble High Court and the Collector's Office at Mumbai and expiry of the 14-day period, no one appeared to resist the claim and nothing was brought to notice regarding pending litigation over the same properties; hence the petition was treated as an uncontested one.

Ratio / Principle

The facts stated by the petitioners and the heirs of the deceased on oath remained unchallenged, were therefore required to be accepted, and accordingly the petition deserved to be allowed as prayed for.

Key takeaways

The petition is allowed and Letters of Administration are granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶ORDER-1
The grant is subject to directions: the petitioners are to file an account as undertaken in the Petitioner's Oath within the stipulated period, and before issuance of the grant the office must verify that no cross-petition is pending and that no caveat resisting the petition has been filed.ratio¶ORDER-3

Detailed headnote1 paragraphs

Testamentary Petition - Letters of Administration - Indian Succession Act, 1925 - Petitioners Anand Khashaba Jadhayv and Ravindra Khashaba Jadhav, stated to be sons of deceased Khashaba Balu Jadhav (who died on 04-09-2000 at Mumbai), applied for Letters of Administration for the properties shown in Schedule I of the petition; entitlement urged under the Hindu Succession Act, 1956; death certificate, identity proof, oath and affidavit of service citation perused; delay explained under Rule 382 of the Rules; citation published on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expired under Rule 397(1) and (4) and notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no one appeared in opposition and no pending litigation disclosed, so the petition was treated as uncontested; legal heirs consented by affidavits without reserving any right; administration bond in prescribed form No. 118 with surety filed; petition allowed and Letters of Administration granted having effect throughout the State of Maharashtra, conditioned on filing of the account undertaken in the Petitioner's Oath within the stipulated period and office verification, before issuance of the grant, that no cross-petition is pending or caveat filed.

1 28.TP/2120/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 09th December, 2025

FOR COMPLIANCE:

TP/2120/2025 ) Ms. Jannat Yadav Ld. Advocate for the Petitioner ) (AMH20210052010C2024000 ) 25)

P.C.:

Petitioners, namely 1. ANAND KHASHABA JADHAYV & 2. RAVINDRA KHASHABA JADHAV. have applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely KHASHABA BALU JADHAV,(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a married on 04-09-2000 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners states that there are no other legal heirs to the deceased, except heirs shown in the petition. The deceased left properties shown in 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 the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se.

Petitioners have filed the administration Bond in prescribed form No. 118 with

2 28.TP/2120/2025

surety.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, the 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 petitioners for properties, left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

1. The petitioners to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

1. Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

09th December, 2025

Officer on Special Duty,

with the Testamentary Department