Shivaji Guruling Chavan vs Ratnabai Guruling… — Succession and Inheritance | Bombay HC (2025)

Shivaji Guruling Chavan vs Ratnabai Guruling… — 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 directed to file the account as undertaken in the Petitioner's Oath within the 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, son of the deceased Rantanbai Guruling Chavan, for the properties left by the deceased, under the Indian Succession Act, 1925. +1 more

Court's answer

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

Ratio / Principle

The 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.

Key takeaways

Letters of Administration were 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¶14
The petitioner, being the sole legal heir, was exempted from furnishing the Administration Bond in view of the Court's earlier orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP No. 2918/2023.ratio¶11

Detailed headnote1 paragraphs

Testamentary Petition — Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), decided 27th February 2025: Petition by Shivaji Guruling Chavan, son of the deceased Rantanbai Guruling Chavan (who died as a widow on 15/02/2020 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule-I. Citation was affixed on the Notice Board 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 was issued to the Collector under Rule 396. No one appeared to resist the claim and no pending litigation concerning the properties was brought to notice, so the petition was treated as uncontested. In view of the Court's orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP No. 2918/2023, the petitioner, being the sole legal heir, was exempted from furnishing the Administration Bond. Holding that the facts stated by the petitioner on oath remained unchallenged and required acceptance, the Court allowed the petition and granted Letters of Administration, directing the petitioner to file the account as undertaken in the Petitioner's Oath within the stipulated period and requiring the office, before issuance of the grant, to verify that no cross-petition is pending or caveat resisting the petition is filed.

1 31.TP/4799/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 27th February, 2025

FOR COMPLIANCE:

TP/4799/2024 P. Swarup Patil, Ld. Advocate for the Petitioner [Original] C. : (ECHCBM02053842 1) This is a petition for grant of Letters of Administration, 023)

1) 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 Rantanbai Guruling Chavan (For short “Said deceased”). The petitioner, namely Shivaji Guruling Chavan, has 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.

3) Said deceased died as a Widow on 15/02/2020 at Mumbai leaving behind her legal heir, 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.

4) 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 treated as uncontested one.

5) In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, and in view of the

2 31.TP/4799/2024

Order, passed in the TP No. 2918/2023, the petitioner, being sole legal heir, is exempted from the furnishing the Administration Bond.

6) 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 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.

2) The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

27th February, 2025

Officer on Special Duty,

with Testamentary Department