Santosh Anant Chavan vs Sarita Anant Chavan — Succession and Inheritance | Bombay HC (2025)

Santosh Anant Chavan vs Sarita Anant Chavan — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioners Santosh Anant Chavan, Akashada Eknath Kadam and Shrikant Anant Chavan for the properties left by deceased Sarita Anant Chavan and shown in the schedule, in prescribed format under the Indian Succession Act, 1925; petitioners to file an account as undertaken in the Petitioner's Oath within stipulated period; office directed to verify before issuance of the grant that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioners, under the provisions of the Indian Succession Act, 1925, for the properties left by the deceased Sarita Anant Chavan and shown in Schedule-I of the petition. +2 more

Court's answer

The petition is allowed and Letters of Administration are to be granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format, as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

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

Key takeaways

The facts stated by the petitioners on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.ratio¶6
As all legal heirs of the deceased are the petitioners, in view of the order passed in T.P. No. 2918/2023 they are exempted from furnishing the surety bond.ratio¶5

Detailed headnote1 paragraphs

Testamentary Petition (TP/2556/2025), decided 01-08-2025 by Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department (Bombay High Court): Allowed. Petition by Santosh Anant Chavan, Akashada Eknath Kadam and Shrikant Anant Chavan — the sons and daughter, i.e., all legal heirs, of deceased Sarita Anant Chavan, a widow who died on 30-08-2018 at Mumbai — for Letters of Administration under the Indian Succession Act, 1925 to the properties in Schedule-I. Delay was explained vide Rule 382 of the Rules. Citation was duly published on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, with notice to the Collector under Rule 396; no one resisted the claim and no pending litigation was reported, hence the petition was treated as uncontested. In view of the order in TP No. 2918/2023, the heirs-petitioners were exempted from the surety bond. On the advocate's submission invoking the Hindu Succession Act 1956 that the daughter and sons are entitled to seek Letters of Administration, and since facts stated on oath stood unchallenged, the petition was allowed as prayed: Letters of Administration granted in prescribed format, petitioners to file account as undertaken in their oath, and office to verify absence of any cross-petition or caveat before issuance of the grant.

1 69.TP/2556/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 01st August, 2025

FOR COMPLIANCE:

TP/2556/2025 P. Shri. Rajiv Jadhav Ld. Advocate for the Petitioner C. : (AMH2024012812 9C202500007)

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 Sarita Anant Chavan (For short “Said deceased”). The petitioners, namely (1)Santosh Anant Chavan, (2) Akashada Eknath Kadam & (3) Shrikant Anant Chavan, have filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 30-08-2018 at Mumbai leaving behind her 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. 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

2 69.TP/2556/2025

pertaining to the same properties. Hence, the petition is treated as uncontested one.

In view of the Order, passed in the TP No. 2918/2023, the all-legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner No. 2 being daughter and No. 1 and 3 being sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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 petitioners 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 petitioners 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,

01st August, 2025 Officer on Special Duty, with Testamentary Department