Ganesh Shantaram Surve vs Ravindra Narayan Surve… — Succession and Inheritance | Bombay HC (2025)

Ganesh Shantaram Surve vs Ravindra Narayan Surve… — 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 the prescribed format, under the provisions of the Indian Succession Act, 1925.

Issue for consideration

Whether Petitioner No. 1 (son of the deceased), acting as Constituted Attorney for Petitioners Nos. 2-4, and the co-petitioners are entitled to be granted Letters of Administration for the properties left by the deceased Ravindra Narayan Surve under the Indian Succession Act, 1925. +1 more

Court's answer

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

Ratio / Principle

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

Key takeaways

The facts stated by the petitioner and 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¶13

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), 15th October, 2025 — Order in Testamentary Petition 55.TP/3855/2024: Petitioners led by Ganesh Shantaram Surve, as Constituted Attorney for Sushant Shantaram Surve, Nisha Mangesh Chavan (nee Nisha Shantaram Surve) and Neeta Shailendra Ghag (nee Neeta Shantaram Surve), sought Letters of Administration under the Indian Succession Act, 1925 for the properties of Ravindra Narayan Surve, who died unmarried on 21-08-2003 at Mumbai. Citation was affixed on the High Court and Collector's Office notice boards with the 14-day period expiring vide Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector vide Rule 396; delay was explained vide Rule 382; and an administration bond in prescribed form No. 118 with surety was filed. No one resisted the claim and no pending litigation was reported, so the petition was treated as uncontested. The court accepted the unchallenged facts stated on oath and allowed the petition, granting Letters of Administration for the scheduled properties in the prescribed format under the Indian Succession Act, 1925.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 15th October, 2025

FOR COMPLIANCE:

TP/3855/2024 P. C. Shri. Dipak Mane Ld. Advocate for the Petitioner :

[Original]

(ECHCBM0207934 1) Petitioners, namely (1) GANESH SHANTARAM SURVE 2024) and being Constituted Attorney for the Petitioner No. 2 namely SUSHANT SHANTARAM SURVE and Petitioner no. 3 namely NISHA MANGESH CHAVAN NEE NISHA SHANTARAM SURVE and Petitioner no. 4 namely NEETA SHAILENDRA GHAG NEE NEETA SHANTARAM SURVE, have filed this 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 Ravindra Narayan Surve (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 affidavit with document to dispense with the requisition of identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Unmarried on 21-08-2003 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 5 of the petition. Petitioners state 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

2 55.TP/3855/2024

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.

Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner No. 1 being son and being the constituted attorney of (2) SUSHANT SHANTARAM SURVE (3) NISHA MANGESH CHA VAN, (Nee MS. NISHA SHANTARAM SURVE & (4) MRS. NEETA SHAILENDRA GHAG, (Nee name: MS. NEETA SHANTARAM SURVE), of the deceased, are 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 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.

15th October, 2025 Officer on Special Duty, with the Testamentary Department