Asha Vijay Misal vs Vijay G Misal — Succession and Inheritance | Bombay HC (2025)

Asha Vijay Misal vs Vijay G Misal — 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, under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, widow of the deceased Vijay Gorakhnath Misal, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in the schedule. +1 more

Court's answer

Petition is allowed and Letters of Administration are 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 / Principle

The petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond, in view of the order passed by the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023.

Key takeaways

Since the citation was duly affixed and notice given to the Collector, and no one appeared to resist the petitioner's claim nor was any pending litigation concerning the same properties brought to notice, the petition is treated as uncontested.ratio¶10
The facts stated by the petitioner on oath remained unchallenged and were required to be accepted.ratio¶14

Detailed headnote1 paragraphs

Testamentary jurisdiction (uncontested): Letters of Administration under the Indian Succession Act, 1925 granted to Asha Vijay Misal, widow and sole class-I heir of the deceased Vijay Gorakhnath Misal (died 17-03-2016 at Mumbai), for the properties shown in schedule-I of the petition. Citation was duly affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai (14 days expired under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980), notice was issued to the Collector under Rule 396, and no one appeared to resist the claim; the petition was therefore treated as uncontested and the facts stated on oath were accepted. Following the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner was exempted from furnishing the administrative bond. Directions: petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross petition or caveat before issuance of the grant.

1 74.TP/2274/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 29th April 2025

FOR COMPLIANCE:

TP/2274/2024 P. C. Shri. Rajas Parandikar i/b Raymond Gadkar Ld. Advocate for the : [Original] Petitioner

[Original]

(ECHCBM0211164

1. 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 Vijay Gorakhnath Misal (For short “Said deceased”). The petitioner, namely Asha Vijay Misal, 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 17-03-2016 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 74.TP/2274/2024

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, the petitioner being the sole class-I 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 Widow 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.

Officer on Special Duty,

29th April 2025 Officer on Special Duty, with Testamentary Department