Mohan Anna Ghadge vs Kalavati Anna Ghadage — Succession and Inheritance | Bombay HC (2025)

Mohan Anna Ghadge vs Kalavati Anna Ghadage — 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, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925, subject to the petitioner filing an account as undertaken in the oath and to office verification, before issuance of the grant, that no cross-petition or caveat is pending.

Issue for consideration

Whether the petitioner, son of the deceased Kalavati Anna Ghadage, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased? +1 more

Court's answer

The petition is allowed and Letters of Administration are granted to the petitioner 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.

Ratio / Principle

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.

Key takeaways

Since nobody appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.ratio¶10
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

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty Shri. P. A. Jagdale), 78.TP/4716/2025, decided 01st December, 2025: Petition by Mohan Anna Ghadge, son of the deceased Kalavati Anna Ghadage (who died as a widow on 03-03-2021 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 in respect of the properties shown in Schedule I of the petition. Citation was affixed on the notice boards of the 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 to the Collector issued vide Rule 396; delay explained vide Rule 382. All legal heirs consented by affidavits without reserving any right; administration bond in prescribed form No. 118 with surety filed. No one resisted the claim and no pending litigation was reported; the petition was treated as uncontested and allowed. Letters of Administration were granted having effect throughout the State of Maharashtra, with the petitioner to file an account as undertaken in the oath and the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 78.TP/4716/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 01st December, 2025

FOR COMPLIANCE:

TP/4716/2025 P. C. : Shri. Kunal Sunil Jadhav Ld. Advocate for the (AMH2023002403 Petitioner

3C202500017)

P.C.:

Petitioner, namely Mohan Anna Ghadge, 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 Kalavati Anna Ghadage, (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 Widow on 03-03-2021 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.

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.

Petitioner has filed the administration Bond in the prescribed form No. 118 with

2 78.TP/4716/2025

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 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.

01st December, 2025 Officer on Special Duty, with the Testamentary Department