Sunanda Raghupati Bhat vs Raghupati Gangadhar Bhat… — Succession and Inheritance | Bombay HC (2025)

Sunanda Raghupati Bhat vs Raghupati Gangadhar Bhat… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner (Sunanda Raghupati Bhat) for the properties left by the deceased and shown in the schedule, in prescribed format under the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross petition is pending or caveat filed.

Issue for consideration

Whether Letters of Administration should be granted under the Indian Succession Act, 1925 to the petitioner, widow of the deceased Raghupati Gangadhar Bhat, for the properties left by the deceased and shown in Schedule-I of the petition.

Court's answer

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

Ratio / Principle

Legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration without reserving any right and accepted the facts regarding their relationship inter se; facts stated on oath by the petitioner and the heir remained unchallenged and were required to be accepted.

Key takeaways

Petition allowed; Letters of Administration to be 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¶15
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¶17
The petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Uncontested testamentary petition (57.TP/307/2025) before Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department, dated 11th July 2025. Sunanda Raghupati Bhat, widow of Raghupati Gangadhar Bhat (who died as a married person on 09-08-2015 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule-I. Citation was affixed on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai, with the 14-day period expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector issued under Rule 396; delay explained vide Rule 382. No one resisted the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. Legal heirs consented by affidavits without reserving any right; administration bond in Form No. 118 filed with surety. Counsel invoked the Hindu Succession Act, 1956 for the widow's entitlement. Petition allowed: grant directed in prescribed format, with directions that the petitioner file an account as undertaken in the oath and that the office verify absence of any cross petition or caveat before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 11th July 2025

FOR COMPLIANCE:

TP/307/2025 P. C. Shri. Hritik K. Phapale i/b Aishwarya Tambe Ld. Advocate for the : (AMH20230027537 Petitioner C202400011)

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 Raghupati Gangadhar Bhat (For short “Said deceased”). The petitioner, namely Sunanda Raghupati Bhat, 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 09-08-2015 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

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treated as uncontested one.

Legal heirs of the deceased have consented by way of 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 Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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.

Officer on Special Duty,

11th July 2025 Officer on Special Duty, with Testamentary Department