Vijay Amrutrao Shinde vs Vimal Amrutrav Alias… — Succession and Inheritance | Bombay HC (2025)

Vijay Amrutrao Shinde vs Vimal Amrutrav Alias… — 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, in prescribed format under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within 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 Letters of Administration should be granted to the petitioner Vijay Amrutrao Shinde for the properties left by the deceased Vimal Amrutrav @ Amrutrao Shinde under the Indian Succession Act, 1925. +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; accordingly, the petition deserved to be allowed as prayed for.

Ratio / Principle

Since 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 is treated as uncontested.

Key takeaways

The 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 the prescribed format under the Indian Succession Act, 1925.ratio¶15

Detailed headnote1 paragraphs

Uncontested testamentary petition under the Indian Succession Act, 1925 for Letters of Administration to the properties of Vimal Amrutrav @ Amrutrao Shinde, who died on 20/04/2021 at Satara leaving behind her son — the petitioner Vijay Amrutrao Shinde — and other legal heirs. Citation was affixed on the notice boards of the High Court and the Collector's Office, Mumbai, and notice was issued to the Collector under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; no one appeared to resist the claim and no pending litigation was shown. All legal heirs consented by affidavit without reserving any right, and an administration bond in prescribed Form No. 118 with surety was filed. Holding that the facts stated on oath remained unchallenged and were required to be accepted, the Officer on Special Duty (Testamentary Department) allowed the petition and granted Letters of Administration for the scheduled properties, directing the petitioner to file the account undertaken in the oath and the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 ….TP/3140/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th September, 2025

FOR COMPLIANCE:

TP/3140/2025 P. Shri. Siddharth Desai i/b Gopal Dalvi Ld. Advocate for the C. : (AMH20230017046 Petitioner C202500003)

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 VIMAL AMRUTRAV @ AMRUTRAO SHINDE (For short “Said deceased”). The petitioner, namely VIJAY AMRUTRAO SHINDE, has 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 20/04/2021 at Saidapur) P.O- Kondave, Tal/District Satara, leaving behind her 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

2 ….TP/3140/2025

brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is 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 Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs 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,

25th September, 2025 Officer on Special Duty, with Testamentary Department