Rajesh Kalapnath Tiwari vs Saroj Kalapnath Tiwari — Succession and Inheritance | Bombay HC (2025)

Rajesh Kalapnath Tiwari vs Saroj Kalapnath Tiwari — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; Letters of Administration granted to the petitioners for the properties left by deceased Saroj Kalapnath Tiwari and shown in Schedule I of the petition, in the prescribed format, having effect throughout the State of Maharashtra as per 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 to verify that no cross-petition is pending or caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioners for the properties left by the deceased Saroj Kalapnath Tiwari under the Indian Succession Act, 1925. +1 more

Court's answer

The petition was treated as an uncontested petition, since up to the date of decision no one had appeared to resist the petitioners' claim and nothing had been brought to notice regarding pending litigation over the same properties.

Ratio / Principle

The facts stated by the petitioners on oath stood unchallenged and were therefore required to be accepted.

Key takeaways

Since, per the order passed in TP No. 2918/2023, all legal heirs of the deceased are petitioners, the petitioners stand exempted from furnishing the surety bond.ratio¶10
The petition is allowed and Letters of Administration are granted to the petitioners for the scheduled properties left by the deceased, to have effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶14

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), Officer on Special Duty Shri P. A. Jagdale — 72.TP/4952/2025, decided 09th December, 2025. Four petitioners (Rajesh, Geeta, Kamlesh and Brijesh Kalapnath Tiwari), stated to be the daughter and sons of the deceased Saroj Kalapnath Tiwari who died on 13-08-2021 at Mumbai, applied for Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule I of the petition. Citation affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai (Rules 396 and 397(1) and (4), Bombay High Court (O.S.) Rules, 1980) drew no objection within 14 days; the delay was explained vide Rule 382 of the Rules. No one resisted the claim and no pending litigation was reported, so the petition was treated as uncontested and the facts sworn on oath were accepted. In view of the order in TP No. 2918/2023, all legal heirs being before the Court as petitioners, they were exempted from furnishing the surety bond; entitlement was considered under the Hindu Succession Act, 1956. Petition allowed: Letters of Administration granted effective throughout Maharashtra, subject to the petitioners filing the account as undertaken in the Petitioner's Oath, and to office verification before issuance that no cross-petition or caveat exists.

1 72.TP/4952/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 09th December, 2025

FOR COMPLIANCE:

TP/4952/2025 ) Ms. Anisha Shaikh i/b Deepak Pandey Ld. ) (AMH20230015769C2025000 Advocate for the Petitioner ) 32)

P.C.:

Petitioners, namely 1. Rajesh Kalapnath Tiwari, 2. Geeta Yogesh Pandey Nee Geeta Kalapnath Tiwari, 3. Kamlesh Kalapnath Tiwari, 4. Brijesh Kalapnath Tiwari, 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 Saroj Kalapnath Tiwari(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 affidavit with document to dispense with the requisition of an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Married on 13-08-2021 at Mumbai leaving behind her 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. 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.

In view of the Order, passed in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the surety Bond.

2 72.TP/4952/2025

Ld. Advocate for the petitioners submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, No. 2 being daughter No. 1, 3 & 4 being sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, 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 petitioners 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 petitioners 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.

09th December, 2025

Officer on Special Duty, with the Testamentary Department