Manish Padam Sogani, vs Kusumdevi Padam Sogani — Succession and Inheritance | Bombay HC (2025)

Manish Padam Sogani, vs Kusumdevi Padam Sogani — 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 of the petition, in the prescribed format, as per the provisions of the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, son of the deceased Kusum @ Kusumdevi Padam Sogani, is entitled to the grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased and shown in Schedule I of the petition.

Court's answer

The petition being uncontested, the facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted.

Ratio / Principle

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.

Key takeaways

The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶18
Before issuance of the grant, the office is to verify that there is no cross-petition pending or caveat resisting the petition.ratio¶19

Detailed headnote1 paragraphs

Testamentary — Letters of Administration — Indian Succession Act, 1925 — Petitioner Manish Padam Sogani, son of the deceased Kusum @ Kusumdevi Padam Sogani (died 15-04-2018 at Mumbai), sought Letters of Administration for the properties shown in Schedule I of the petition — Citation duly affixed on the Notice Board of the Hon'ble High Court and the notice board of the Collector's Office at Mumbai, 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice issued to the Collector under Rule 396 of the BHC Rules — Citation served through RPAD on non-consenting legal heirs Padam Sogani and Mayur Sogani; no caveat filed (Rule 422, BHC (O.S.) Rules, 1980) — Requisition for justifying surety for the non-consenting legal heirs dispensed with by order dated 07.11.2025 in IA/167/2025 — Administration bond in prescribed Form No. 118 filed with surety; delay explained under Rule 382 — No one appeared to resist the claim; petition treated as uncontested; facts stated on oath unchallenged and accepted — Petitioner, being the son of the deceased, held entitled in view of the Hindu Succession Act, 1956 — Petition allowed; Letters of Administration granted; petitioner to file account as undertaken in the Oath; office to verify no cross-petition or caveat before issuance of the grant.

1 21.TP/458/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 24th November 2025

FOR COMPLIANCE:

TP/458/2024 P. C. : Shri. Rajiv Jadhav Ld. Advocate for the Petitioner [Original]

(ECHCBM021940 92023)

P.C.:

Petitioner, namely Manish Padam Sogani, 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 Kusum @ Kusumdevi Padam Sogani, (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 on 15-04-2018 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. 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 petition is treated as an uncontested one.

Citation to the non-consenting legal heirs Padam Sogani and Mayur Sogani was issued and served through RPAD. They did not filed caveat as per Rule 422 of the Bombay High Court ( O. S.) Rules, 1980. As per Order dated 07.11.2025 passed in IA/167/2025, requisition which for justifying surety for non-consenting legal heirs is

2 21.TP/458/2024

dispensed with.

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 Son of the deceased, is 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, having effect throughout the 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.

24th November 2025

Officer on Special Duty, with the Testamentary Department