Mahesh Bhaskar Rao vs Uma Bhaskar Rao — Succession and Inheritance | Bombay HC (2025)

Mahesh Bhaskar Rao vs Uma Bhaskar Rao — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925, subject to filing of account as per oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

Issue for consideration

Whether the petitioner, claiming to be the sole legal heir of the deceased UMA BHASKAR RAO, is entitled to be granted Letters of Administration in respect of the properties left by her, under the Indian Succession Act, 1925.

Court's answer

Since the citation was duly published on the notice boards, the statutory 14-day period expired, notice was issued to the Collector, and till today no one had appeared to resist the claim nor had anything regarding pending litigation over the same properties been brought to notice, the petition was treated as an uncontested one.

Ratio / Principle

In view of the order passed by the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed, as prayed for.ratio¶13
The petition is allowed; Letters of Administration are to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶15
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Testamentary Petition 72.TP/4568/2025, Bombay High Court (Testamentary Department), decided 25th November 2025 by Shri. P. A. Jagdale, Officer on Special Duty: MAHESH BHASKAR RAO applied for Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by deceased UMA BHASKAR RAO, who died at Mumbai on 21-02-2025. Citation was duly affixed on the High Court and Collector's Office notice boards and the 14-day period under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 expired, with notice to the Collector under Rule 396; nobody opposed and no pending litigation was disclosed, so the petition was uncontested. Relying on the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP/2918/2023, the petitioner, as sole heir, was exempted from furnishing the administrative bond. Petition allowed; Letters of Administration granted effective throughout the State of Maharashtra; petitioner to file account as per oath; office to 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 the Testamentary Department Date 25th November 2025

FOR COMPLIANCE:

TP/4568/2025 P. C. : Shri. Jayant Wani Ld. Advocate for the Petitioner (AMH2024012878 0C202500047)

P.C.:

Petitioner, namely MAHESH BHASKAR RAO, has applied 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 UMA BHASKAR RAO, (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 identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a married on 21-02-2025 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. The deceased left properties shown in Schedule I of the petition.

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 petition is treated as an uncontested one.

In view of the order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, on oath, remained

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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, having effect throughout the the State of Maharashtra 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.

25th November 2025 Officer on Special Duty, with the Testamentary Department