Manali Anil Kadam vs Anil Baliram Kadam and Kavita… — Succession and Inheritance | Bombay HC (2025)

Manali Anil Kadam vs Anil Baliram Kadam and Kavita… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners 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; petitioners exempted from surety bond and directed to file account as undertaken in the Petitioner's Oath, subject to pre-grant verification of no caveat or cross-petition.

Issue for consideration

Whether the petitioners, stated to be the legal heirs of the deceased Anil Baliram Kadam and Kavita Anil Kadam, are entitled to the grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule I of the petition. +1 more

Court's answer

The facts stated by the petitioners on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Ratio / Principle

Letters of Administration were granted to the petitioners 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.

Key takeaways

Since, in view of the order in TP No. 2918/2023, all the legal heirs of the deceased are petitioners, they are exempted from furnishing the surety bond.ratio¶¶10
The petitioners were directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶¶16
Before issuance of the grant, the office is to verify that there is no cross-petition pending or caveat resisting the petition filed.ratio

Detailed headnote1 paragraphs

Testamentary Petition (70.TP/4662/2025, Bombay High Court, decided 28th November 2025 by Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department): Petitioners Manali Anil Kadam and Amey Anil Kadam sought Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Anil Baliram Kadam (died 24.10.2021 at Dubai, UAE) and Kavita Anil Kadam (died 22.01.2022 at Mumbai), shown in Schedule I of the petition. Citation was published on the High Court and Collector's Office notice boards and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396; nobody contested and the petition was treated as uncontested. Relying on the order in TP No. 2918/2023, all legal heirs being petitioners, they were exempted from furnishing the surety bond. Held: the facts stated on oath remained unchallenged and were accepted; petition allowed; Letters of Administration granted effective throughout the State of Maharashtra, with directions to file the account as undertaken in the Petitioner's Oath and for the 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 28th November 2025

FOR COMPLIANCE:

TP/4662/2025 P. C. : Shri. Mehul Shah Ld. Advocate for the Petitioner

P.C.:

Petitioners, namely (1) Manali Anil Kadam (2) Amey Anil Kadam, have 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 (1) Anil Baliram Kadam and (2) Kavita Anil Kadam(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificates of both the deceased, identity proofs of both the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased No. 1 died as a married on 24.10.2021 at Dubai, UAE and deceased No. 2 died as a widow on 22.01.2022 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 4 and 6 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.

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 in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the surety Bond.

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

2 70.TP/4662/2025

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 petitioners for 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.

1. The petitioners 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.

28th November 2025

Officer on Special Duty, with the Testamentary Department