Ganesh Ramchandra Ranjane vs Ramchandra Bhikaji… — Succession and Inheritance | Bombay HC (2025)

Ganesh Ramchandra Ranjane vs Ramchandra Bhikaji… — 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 Schedule-I of the petition; petitioner directed to file account as undertaken in the Petitioner's Oath; office to verify absence of any cross petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner, son of the deceased Ramchandra Bhikaji Ranjane, for the properties left by the deceased.

Court's answer

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

Ratio / Principle

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.

Key takeaways

Petition allowed and Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, as per the provisions of the Indian Succession Act, 1925.ratio¶14
Direction: the petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶15
Condition precedent: before issuance of the grant, the office is to verify that no cross petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), 33.TP/2233/2024 — decided 25th April 2025 by Shri. P. A. Jagdale, Officer on Special Duty. Uncontested petition under the Indian Succession Act, 1925 filed by GANESH RAMCHANDRA RANJANE, son of the deceased RAMCHANDRA BHIKAJI RANJANE (who died as a married man on 29-08-2021 at Varveli, Tal. Guhaghar, Dist. Ratnagiri), seeking Letters of Administration to the properties shown in Schedule-I of the petition. Citation was affixed on the notice boards of the High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4), and notice was issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no objector appeared and no pending litigation over the properties surfaced. The legal heirs consented by affidavits without reserving any right, and an administration bond in prescribed form No. 118 with surety was filed. Held: facts stated on oath by the petitioner and heirs remained unchallenged and were accepted; the petition was allowed and Letters of Administration granted per the Indian Succession Act, 1925; the petitioner was directed to file an account, and the office was to verify before issuance of the grant that no cross petition or caveat was pending. Counsel for petitioner: Parmeshwar Bhise. The Hindu Succession Act, 1956 was invoked in support of the son's entitlement.

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

FOR COMPLIANCE:

TP/2233/2024 P. C. Shri. Parmeshwar Bhise Ld. Advocate for the Petitioner :

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 RAMCHANDRA BHIKAJI RANJANE (For short “Said deceased”). The petitioner, namely GANESH RAMCHANDRA RANJANE, has filed documents. 2) 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 29-08-2021 at Varveli, Tal Guhaghar, Drst. Ratnagiri 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 heirs of the deceased have consented by way of

1 33.TP/2233/2024

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.

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 Son 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.

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

Officer on Special Duty,