Madhukar Ramchandra Todankar vs Ramchandra Hari… — Succession and Inheritance | Bombay HC (2025)

Madhukar Ramchandra Todankar vs Ramchandra Hari… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Madhukar Ramchandra Todankar for the properties left by deceased Ramchandra Hari Todankar and shown in the schedule (Schedule I of the petition), in the prescribed format, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner exempted from administrative bond as sole class-I heir; subject to filing of account as per Petitioner's Oath within the stipulated period and office verification before issuance of the grant that no cross-petition is pending and no caveat is filed.

Issue for consideration

Whether the petitioner, son of the deceased Ramchandra Hari Todankar, is entitled to the grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

As nobody 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 an uncontested one.

Ratio / Principle

The petitioner, being son of the deceased, is entitled under the Hindu Succession Act, 1956 to seek Letters of Administration; his facts stated on oath remained unchallenged, were required to be accepted, and the petition deserved to be allowed as prayed for.

Key takeaways

Petition allowed; Letters of Administration granted to the petitioner 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 Indian Succession Act, 1925.ratio¶16
The petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond in view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023.ratio¶11
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Uncontested testamentary petition (TP/2808/2024), Bombay High Court, Testamentary Department (Shri. P. A. Jagdale, OSD), decided 19th December, 2025. Petitioner Madhukar Ramchandra Todankar sought Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Ramchandra Hari Todankar, who died as a widower on 26-06-2021 at Mumbai. Citation was published on the notice boards of the High Court and the Collector's Office, Mumbai (Rules 397(1) & (4) and Rule 396, Bombay High Court (O.S.) Rules, 1980); nobody opposed and the petition was treated as uncontested. Relying on the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, as sole class-I heir of the deceased, was exempted from furnishing the administrative bond. On the submission that, as son of the deceased, he was entitled under the Hindu Succession Act, 1956, and the sworn facts remaining unchallenged, the petition was allowed: Letters of Administration granted for the scheduled properties, effective throughout Maharashtra, subject to filing of the account as per the Petitioner's Oath and pre-grant verification that no cross-petition or caveat exists.

1 20.TP/2808/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 19th December, 2025

FOR COMPLIANCE:

TP/2808/2024

) Shri. Dinesh Sonawane a/w Ms. Babita Pandey Ld. ) Advocate for the Petitioner )

P.C.:

Petitioner, namely Madhukar Ramchandra Todankar, has 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 Ramchandra Hari Todankar,(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 Widower on 26-06-2021 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. The deceased left properties shown in Schedule I of the petition.

Office issued Citation to all concern and same has been 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”). 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.

In view of the 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 the Hindu Succession Act, 1956, the petitioner, being son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, on oath,

2 20.TP/2808/2024

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 petitioner 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 petitioner 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.

19th December, 2025 Officer on Special Duty, with the Testamentary Department