Amol Dattaram Mhatre vs Dattaram Damodar Mhatre… — Succession and Inheritance | Bombay HC (2025)

Amol Dattaram Mhatre vs Dattaram Damodar Mhatre… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners (Amol Dattaram Mhatre and Vishal Dattaram Mhatre) for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioners directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office is to verify that no cross-petition is pending or caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioners, sons of the deceased Dattaram Damodar Mhatre, are entitled to grant of Letters of Administration for the properties left by the deceased and shown in Schedule-I of the petition, under the Indian Succession Act, 1925.

Ratio / Principle

The petition is allowed and Letters of Administration are granted to the petitioners 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 facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.ratio¶¶12
Since no one appeared to resist the claim of the petitioners and nothing was brought to the notice regarding any pending litigation pertaining to the same properties, the petition was treated as uncontested.ratio¶¶7

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri. P. A. Jagdale, Officer on Special Duty), 03rd January 2025, 77.TP/4705/2024 — Uncontested testamentary petition by Amol Dattaram Mhatre and Vishal Dattaram Mhatre, sons of the deceased Dattaram Damodar Mhatre (who died as a widower on 09-12-2020 at Panvel), for Letters of Administration under the Indian Succession Act, 1925 in respect of properties shown in Schedule-I of the petition. Citation was duly affixed on the High Court and Collector's Office notice board at Mumbai and 14 days expired vide Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector vide Rule 396; delay was explained vide Rule 382. No one contested the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. The sole legal heir consented by affidavit without reserving any right, and the petitioners filed an administration bond in prescribed Form No. 118 with surety. Facts stated on oath remaining unchallenged, the petition was allowed and Letters of Administration were granted to the petitioners for the scheduled properties, subject to the petitioners filing an account as undertaken in their oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 03rd January 2025

FOR COMPLIANCE:

TP/4705/2024 P. Shri. Kunal Jadhav Ld. Advocate for the Petitioner C. :

[Original] (ECHCBM0210338 1) This is a petition for grant of Letters of Administration, 2024) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Dattaram Damodar Mhatre (For short “Said deceased”). The petitioners, namely (1) Amol Dattaram Mhatre, (2) Vishal Dattaram Mhatre, have filed documents. 2) 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 Widower on 09-12-2020 at Panvel leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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 conspicuous part 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.

Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

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 petitioner and heir of the deceased, 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 petitioners 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 petitioners 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,

03rd January 2025 Officer on Special Duty, with Testamentary Department