Sadashiv Ramakant Raikar vs Ramakant Bhikoo Raikar — Succession and Inheritance | Bombay HC (2025)

Sadashiv Ramakant Raikar vs Ramakant Bhikoo Raikar — 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, effective throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner 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 petitioners, sons of the deceased, are entitled to Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased. +1 more

Court's answer

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 / Principle

Since no one appeared to resist the claim and nothing was brought to notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.

Key takeaways

The delay in the matter stood explained in terms of Rule 382 of the Rules.ratio¶¶8
Citation compliance was found: citation affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice to the Collector issued under Rule 396.ratio¶¶9
The legal heirs consented by affidavits to the grant of Letters of Administration without reserving any right, and the petitioner filed the administration bond in prescribed Form No. 118 with surety.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (O.S.), TP/4693/2025, decided 28th November 2025 by Shri P. A. Jagdale, Officer on Special Duty — Petition under the Indian Succession Act, 1925 by Sadashiv Ramakant Raikar and Surendra Ramakant Raikar, sons of Ramakant B Raikar alias R. B. Raikar alias Ramakant Bhikoo Raikar (who died a widower on 10-09-2018 at Mumbai), for Letters of Administration to his estate: Allowed. Citation was affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector was issued under Rule 396; delay was explained under Rule 382; no one contested and no pending litigation regarding 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 administration bond in prescribed Form No. 118 with surety was filed. Permission was granted to delete the name of Uttam, husband of the predeceased daughter, stated not to be a legal heir under Sec. 8 of the Hindu Succession Act, 1956, and to amend the petition within a week (amended petition to be uploaded in CIS within 05 days). Letters of Administration were granted having effect throughout the State of Maharashtra; the petitioner was to file an account as undertaken in the Petitioner's Oath; and the office was to verify that no cross-petition or caveat was pending before issuance of the grant.

1 ….TP/4693/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 28th November 2025

FOR COMPLIANCE:

TP/4693/2025 P. C. : Shri. Suyash Kalbhor Ld. Advocate for the Petitioner (AMH2024000428 5C202500018)

P.C.:

Petitioners, namely 1. Sadashiv Ramakant Raikar & 2. Surendra Ramakant Raikar, 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 Ramakant B Raikar alias R. B. Raikar alias Ramakant Bhikoo Raikar(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. Ld. Advocate for the petitioner seeks permission to delete the name of Uttam a husband of predeceased daughter of the deceased, who could not be legal heirs of the deceased vide Sec. 8 of the the Hindu Succession Act, 1956. Permission is granted to amend the petition within a week from the date of uploading this order, if the petition is pending. Furthermore, the amended petition to be uploaded in the CIS, within 05 days from the date of amendment.

Said deceased died as a Widower on 10-09-2018 at Mumbai leaving behind 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

2 ….TP/4693/2025

brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se. 6) 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 Sons 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 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

Officer on Special Duty,

28th November 2025 Officer on Special Duty, with the Testamentary Department