Maher Sunil Padhiar vs Rita S. Padhiar (Deceased) — Succession and Inheritance | Bombay HC (2025)

Maher Sunil Padhiar vs Rita S. Padhiar (Deceased) — 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 prescribed format under the Indian Succession Act, 1925; petitioner to file an account as undertaken in the Petitioner's Oath within 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 Letters of Administration should be granted to the petitioner under the Indian Succession Act, 1925 for the properties left by the deceased Rita Sunil Padhiar. +1 more

Court's answer

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

Ratio / Principle

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

Key takeaways

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¶12

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (O.S.), TP No. 26.TP/4678/2024, decided 04.02.2025 (P. A. Jagdale, OSD): Petition by Maher Sunil Padhiar, daughter and sole class-I heir of the deceased Rita Sunil Padhiar (died 26/05/2012 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925. Citation duly affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice issued to the Collector vide Rule 396; delay explained vide Rule 382. In view of the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner was exempted from furnishing the administrative bond. No one appeared to resist the claim; facts on oath remained unchallenged; petition treated as uncontested and allowed, with Letters of Administration granted for the scheduled properties, subject to filing of account and office verification that no cross petition or caveat is pending.

2 26.TP/4678/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 04th February, 2025

FOR COMPLIANCE:

TP/4678/2024 P. Shri. Mayur Faria a/w Shri. Harshal Savla Ld. Advocate for C. : the Petitioner

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 Rita Sunil Padhiar (For short “Said deceased”). The petitioner, namely Maher Sunil Padhiar, 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 26/05/2012 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 pertaining to the same properties. Hence, the petition is

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treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I 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 daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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,

04th February, 2025 Officer on Special Duty, with Testamentary Department