Nutan Talakshi Gogari vs Bharati Kantilal Gangar… — Succession and Inheritance | Bombay HC (2025)

Nutan Talakshi Gogari vs Bharati Kantilal Gangar… — 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 as per the provisions of the Indian Succession Act, 1925; petitioner 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 the petitioner, sister of the deceased, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Court's answer

The deceased died as a widow on 15/11/2018 at Mumbai leaving behind the legal heirs shown in paragraph No. 4 of the petition; the petitioner stated there are no other legal heirs.

Ratio / Principle

As no one appeared to resist the petitioner's claim despite citation and notice to the Collector, and no pending litigation pertaining to the same properties was brought to notice, the petition is treated as uncontested.

Key takeaways

The legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration to the petitioner without reserving any right.ratio¶12
The petitioner filed the administration bond in prescribed form No. 118 with surety.ratio¶13
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

Detailed headnote1 paragraphs

Testamentary Petition No. 47.TP/4202/2024 under the Indian Succession Act, 1925, decided on 03rd July 2025 by Shri. P. A. Jagdale, Officer on Special Duty, with the Testamentary Department. Petitioner Nutan Talakshi Gogari, sister of the deceased Bharati Kantilal Gangar (nee Bharti Talakshi Gogari), sought Letters of Administration for the properties left by the deceased, who died as a widow on 15/11/2018 at Mumbai leaving the legal heirs shown in paragraph No. 4 of the petition. Citation was affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired vide Rule 397(1) and (4) of the Bombay High Court(O.S.) Rules, 1980; notice to the Collector was issued vide Rule 396 of the BHC Rules; no one appeared to resist the claim and no pending litigation pertaining to the same properties was brought to notice, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed the administration bond in prescribed form No. 118 with surety. Counsel for the petitioner invoked the Hindu Succession Act, 1956 to contend that the petitioner, being the sister of the deceased, was entitled to seek Letters of Administration. Holding the facts stated on oath to be unchallenged, the court allowed the petition and granted Letters of Administration for the scheduled properties, directing the petitioner to file an account as undertaken in the Petitioner's Oath and requiring the office to verify, before issuance of the grant, that no cross petition is pending or caveat resisting the petition is filed.

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

FOR COMPLIANCE:

P. Ms. Bhakti Patil i/b Ramji Gupta Ld. Advocate for the C. : Petitioner

TP/4202/2024 P.

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 BHARATI KANTILAL GANGAR (NEE BHARTI TALAKSHI GOGARI) (For short “Said deceased”). The petitioner, namely NUTAN TALAKSHI GOGARI, 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 Widow on 15/11/2018 at Mumbai 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 brought to the notice regarding pending litigation

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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 sister 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,

03rd July 2025 Officer on Special Duty, with Testamentary Department