Vaijayanti Dilip Kashikar vs Dilip Balwant… — Succession and Inheritance | Bombay HC (2025)

Vaijayanti Dilip Kashikar vs Dilip Balwant… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Vaijayanti Dilip Kashikar for the properties left by the deceased Dilip Balwant Kashikar and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the 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 for the properties left by the deceased Dilip Balwant Kashikar should be granted to the petitioner under the Indian Succession Act, 1925. +1 more

Court's answer

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 as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

Since till today no one had appeared to resist the claim of the petitioner and nothing had been brought to the notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.

Key takeaways

The facts stated by the petitioner and the heir of the deceased on oath having remained unchallenged, they were required to be accepted, and accordingly the petition deserved to be allowed as prayed for.ratio¶13

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925 — Petitioner Vaijayanti Dilip Kashikar, widow of deceased Dilip Balwant Kashikar (died 10/03/2018 at Mumbai), sought Letters of Administration for the deceased's properties shown in Schedule I. Citation affixed on Notice Boards of the Hon'ble High Court and Collector's Office, Mumbai, with 14 days expired (Rules 397(1) and (4)) and notice to Collector issued (Rule 396), Bombay High Court (O.S.) Rules, 1980; delay explained vide Rule 382; legal heir consented by affidavit without reserving any right; administration bond in Form No. 118 filed with surety. No one appeared to resist the claim and no pending litigation reported, so the petition was treated as uncontested; facts stated on oath remained unchallenged and were accepted. Held: petition allowed and Letters of Administration granted as per the Indian Succession Act, 1925, subject to petitioner filing account as undertaken in the Oath and office verifying absence of cross-petition or caveat before issuance of the grant. Counsel's entitlement submission rested on the Hindu Succession Act, 1956.

1 80.TP/3782/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 09th October, 2025

FOR COMPLIANCE:

TP/3782/2025 P. Shri. A S Pagedar Ld. Advocate for the Petitioner C. : (AMH20240009929 C202500012)

This is a petition 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 Dilip Balwant Kashikar (For short “Said deceased”). The petitioner, namely Vaijayanti Dilip Kashikar, has filed documents.

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 10/03/2018 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. 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

2 80.TP/3782/2025

petition is treated as an uncontested one.

Legal heir of the deceased has consented by way of Affidavit to grant the prayer of the petitioner to grant a Letter of Administration, without reserving any right. The legal heir has accepted the facts regarding their relationship, inter se.

Petitioner has filed the administration Bond in the 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 the petitioner and heir 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 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.

09th October, 2025 Officer on Special Duty, with the Testamentary Department