Sulekha Suresh Chavan vs Suresh Sitaram Chavan… — Succession and Inheritance | Bombay HC (2025)

Sulekha Suresh Chavan vs Suresh Sitaram Chavan… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Sulekha Suresh Chavan for the properties left by the deceased Suresh Sitaram Chavan and shown in the schedule, under the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath within stipulated period; office to verify absence of any cross petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, widow of the deceased Suresh Sitaram Chavan, in respect of the properties left by the deceased, under the Indian Succession Act, 1925.

Court's answer

No one having appeared to resist the petitioner's claim and no pending litigation concerning the same properties having been brought to notice, the petition was treated as uncontested.

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

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format, as per the provisions of the Indian Succession Act, 1925.ratio¶¶15
The petitioner was 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 was directed to verify that no cross petition is pending and no caveat resisting the petition has been filed.ratio

Detailed headnote1 paragraphs

Testamentary Petition (29.TP/4741/2024) under the Indian Succession Act, 1925 filed by Sulekha Suresh Chavan, widow of Suresh Sitaram Chavan (died 18/07/2017 at Mumbai), seeking Letters of Administration to the properties left by the deceased and shown in Schedule-I. Citation was published on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days' expiry (Rule 397(1) and (4)) and notice to the Collector (Rule 396) under the Bombay High Court (O.S.) Rules, 1980; delay explained vide Rule 382; legal heirs consented by affidavits without reserving any right; administration bond in prescribed Form No. 118 with surety filed. No one contested the claim and no pending litigation concerning the properties was brought to notice, so the petition was treated as uncontested; facts stated on oath by the petitioner and heirs remained unchallenged. Held: petition allowed and Letters of Administration granted, subject to the petitioner filing an account as undertaken in her Oath within the stipulated period and office verification, before issuance of the grant, that no cross petition is pending and no caveat is filed.

2 29.TP/4741/2024

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

FOR COMPLIANCE:

TP/4741/2024 P. C. Shri. Atish Mahade Ld. Advocate for the Petitioner : (AMH20240126951 C202400001)

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 Suresh Sitaram Chavan (For short “Said deceased”). The petitioner, namely Sulekha Suresh Chavan, 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 married on 18/07/2017 at Mumbai leaving behind him 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

2 29.TP/4741/2024

treated as uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

1. Petitioner has filed the administration Bond in 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 Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs 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 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,

28th March 2025 Officer on Special Duty, with Testamentary Department