Aruna Vinay Ranade vs Vinay Ramchandra Ranade — Succession and Inheritance | Bombay HC (2025)

Aruna Vinay Ranade vs Vinay Ramchandra Ranade — 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; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify before issuance of the grant that no cross petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted under the Indian Succession Act, 1925 to the petitioner for the properties left by the deceased, Vinay Ramchandra Ranade, as shown in the schedule. +1 more

Court's answer

Accepting the sworn facts of the petitioner and the heirs, which remained unchallenged, the court concluded that the petition deserved to be allowed as prayed for, on the basis that the petitioner, the widow of the deceased, was entitled to seek Letters of Administration under the Hindu Succession Act, 1956.

Ratio / Principle

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

Key takeaways

The petition is allowed and Letters of Administration are to be granted to the petitioner for the properties left by the deceased and shown in the schedule, subject to filing of an account as undertaken in the Petitioner's Oath and office verification, before issuance of the grant, that no cross petition is pending and no caveat resisting the petition is filed.ratio¶¶15

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (91.TP/2213/2025), decided 17th July 2025 by Shri. P. A. Jagdale, Officer on Special Duty. Uncontested petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Vinay Ramchandra Ranade, who died on 28-01-2025 at Pune. Citation had been affixed on the notice boards of the High Court and the Collector's Office at Mumbai and 14 days had expired under Rule 397(1) and (4), and notice to the Collector had issued under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; nobody appeared in opposition and no pending litigation concerning the scheduled properties was reported, so the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and the administration bond in prescribed form No. 118 was filed with surety. Accepting the unchallenged sworn facts and noting the petitioner's position as widow of the deceased under the Hindu Succession Act, 1956, the Officer allowed the petition and granted Letters of Administration for the scheduled properties, directing the petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period and requiring office verification, before issuance of the grant, that no cross petition is pending and no caveat is filed.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 17th July 2025

FOR COMPLIANCE:

TP/2213/2025 P. C. Ms. Archana Joglekar Ld. Advocate for the Petitioner : (AMH20240130124 C202500001)

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 Vinay Ramchandra Ranade (For short “Said deceased”). The petitioner, namely Aruna Vinay Ranade, 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 28-01-2025 at Pune 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.

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 heir of the deceased has consented by way of

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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.

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 Widow 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,

17th July 2025 Officer on Special Duty, with Testamentary Department