Shrikant Chandrashekhar vs Chandrashekhar Sadashiv… — Succession and Inheritance | Bombay HC (2025)

Shrikant Chandrashekhar vs Chandrashekhar Sadashiv… — 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, having effect throughout the State of Maharashtra, subject to filing of account and pre-grant verification that no cross-petition or caveat is pending.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, son of the deceased Chandrashekhar Sadashiv Vipat, under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

The facts stated by the petitioner and the heirs of the deceased, on oath, remained unchallenged and were required to be accepted.

Ratio / Principle

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 under the Indian Succession Act, 1925.

Key takeaways

The petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶18
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.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (O.S.) — 60.TP/3010/2025 (uncontested): Petitioner Shrikant Chandrashekhar Vipat, son of the deceased Chandrashekhar Sadashiv Vipat (who died on 04-05-2011 at Mumbai), applied under the Indian Succession Act, 1925 for Letters of Administration to the deceased's properties shown in Schedule I of the petition. Citation was duly affixed on the High Court and Collector's Office (Mumbai) notice boards and 14 days expired (Rules 397(1) and (4)); notice was issued to the Collector (Rule 396); delay was explained (Rule 382) — all under the Bombay High Court (O.S.) Rules, 1980. Legal heirs consented by affidavit without reserving any right; administration bond in prescribed Form No. 118 with surety was filed; no one appeared to resist the claim. Held (Shri P. A. Jagdale, Officer on Special Duty): the facts stated on oath by the petitioner and the heirs remained unchallenged and were required to be accepted; entitlement as son of the deceased was urged under the Hindu Succession Act, 1956 (per learned counsel); the petition was allowed and Letters of Administration were granted, effective throughout the State of Maharashtra, subject to (i) the petitioner filing an account as undertaken in his oath within the stipulated period and (ii) office verification, before issuance of the grant, that no cross-petition is pending and no caveat has been filed. Order dated 03rd December, 2025.

1 60.TP/3010/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 03rd December, 2025

FOR COMPLIANCE:

TP/3010/2025 P. C. : Shri. Vikas Somavanshi Ld. Advocate for the Petitioner [Original]

(ECHCBM02072112 023)

P.C.:

Petitioner, namely Shrikant Chandrashekhar Vipat, 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 Chandrashekhar Sadashiv Vipat(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 Married on 04-05-2011 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 5 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. 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 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.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se.

Petitioner has filed the administration Bond in the prescribed form No. 118 with

2 60.TP/3010/2025

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 the petitioner and heirs of the deceased, on oath, 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.

03rd December, 2025

Officer on Special Duty,