Ashish Sudhir Hadkar v. Uma Sudhir Hadkar (Deceased)

Bombay HC18 Aug 2025TP/502/2024

Case brief

AI extract

What is this about?

What did the court decide?

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, under the Indian Succession Act, 1925. ¶Order-1

Ashish Sudhir Hadkar vs Uma Sudhir Hadkar (Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, under the Indian Succession Act, 1925.

¶Order-1

Issue for consideration

Whether the petitioners, being the sons (Nos. 1 and 2) and daughter (No. 3) of the deceased Uma Sudhir Hadkar, are entitled to be granted Letters of Administration for the properties left by the deceased. +1 more

¶6

Court's answer

Petition allowed; Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, as per the provisions of the Indian Succession Act, 1925.

¶Order-1

Ratio / Principle

Facts stated by the petitioners on oath remained unchallenged and were required to be accepted.

¶6

Key takeaways

Since, per the Order in TP No. 2918/2023, all legal heirs of the deceased are petitioners, they are exempted from furnishing the surety bond.ratio¶5
Before issuance of the grant, the office is directed to verify that no cross-petition is pending and no caveat resisting the petition has been filed.ratio¶Order-3
The petitioners are directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty Shri. P. A. Jagdale), 18th August 2025 — Petition TP/502/2024: Ashish Sudhir Hadkar, Manish Sudhir Hadkar and Nandita Rajesh Patil, children of the deceased Uma Sudhir Hadkar (died 13-07-2022 at Virar (West), Dist. Palghar), sought Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule-I. Citation was affixed on the High Court and Collector's Office (Mumbai) notice boards with 14 days expiring per Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector per Rule 396. No one appeared to contest; the petition was treated as uncontested. As all legal heirs were petitioners (per Order in TP No. 2918/2023), they were exempted from the surety bond. Petition allowed; Letters of Administration granted; petitioners to file account as undertaken in the Petitioner's Oath; office to verify absence of any cross-petition or caveat before issuance of the grant.

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2 19.TP/502/2024

¶2

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 18th August, 2025

¶3

FOR COMPLIANCE:

¶4

TP/502/2024 P.

¶5

C. :

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Shri. Amit Maurya i/b Shreyas Jain Ld. Advocate for the Petitioner

¶7

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 Uma Sudhir Hadkar (For short “Said deceased”). The petitioners, namely (1) Ashish Sudhir Hadkar, (2) Manish Sudhir Hadkar and (3) Nandita Rajesh Patil, has filed documents.

¶8

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.

¶9

Said deceased died as a Widow on 13-07-2022 at Virar(West), Dist. Palghar 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. Deceased left properties shown in the schedule-I of the petition.

¶10

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

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2 19.TP/502/2024

¶12

treated as uncontested one.

¶13

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

¶14

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner Nos. 1, 2 being sons, no. 3 being daughter of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

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ORDER

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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.

¶17

1. The petitioners to file an account as under taken in a Petitioner’s Oath within stipulated period.

¶18

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.

¶19

18^th August, 2025 Officer on Special Duty, with Testamentary Department

Ashish Sudhir Hadkar v. Uma Sudhir Hadkar (Deceased)

Case brief

What is this about?

What did the court decide?

Ashish Sudhir Hadkar v. Uma Sudhir Hadkar (Deceased)

Case brief

What is this about?

What did the court decide?

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What the court decided

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