Allowed¶15

Bhikaji Namdeo Chavan v. Late Samidha Bhikaji Chavan

Bombay HC16 Dec 2025TP/5135/2025

Case brief

AI extract

What is this about?

LoA granted to widower Bhikaji Namdeo Chavan for estate of deceased Samidha Bhikaji Chavan (d. 12-05-2020, Mumbai); uncontended testamentary petition; Indian Succession Act 1925; Hindu Succession Act 1956; BHC (O.S.) Rules 1980 Rules 396, 397(1),(4); Rule 382 delay explanation; heirs' consent affidavits; administration bond Form 118; account per oath; caveat/cross-petition verification; effective throughout Maharashtra.

What did the court decide?

Letters of Administration granted to petitioner Bhikaji Namdeo Chavan for the properties left by the deceased Samidha Bhikaji Chavan and shown in Schedule I, in the prescribed format, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925. ¶15

Bhikaji Namdeo Chavan vs Late Samidha Bhikaji Chavan — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, being the widower of the deceased, is entitled to seek and be granted Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925.

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Court's answer

Facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were accepted.

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Ratio / Principle

Petition allowed; 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.

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Key takeaways

Petitioner 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 is directed to verify that no cross-petition is pending and no caveat resisting the petition has been filed.ratio¶17

Detailed headnote1 paragraphs

Testamentary Petition (uncontested): Under the Indian Succession Act, 1925, Letters of Administration granted to Bhikaji Namdeo Chavan, widower of the deceased Samidha Bhikaji Chavan (who died on 12-05-2020 at Mumbai), for the scheduled properties, effective throughout the State of Maharashtra. Entitlement asserted with reference to the Hindu Succession Act, 1956. Citation was affixed on the notice boards of the High Court and the Collector's Office, Mumbai, and 14 days expired (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980) with notice to the Collector (Rule 396, BHC Rules); no opposition arose and the petition was treated as uncontested. All legal heirs consented by affidavits without reserving any right; Administration Bond filed in prescribed form No. 118 with surety; delay explained vide Rule 382. Grant conditioned on petitioner filing an account per his Oath and office verification that no cross-petition or caveat is pending before issuance.

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1 84.TP/5135/2025

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 16th December, 2025

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FOR COMPLIANCE:

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TP/5135/2025 ) Shri. Sajid Shaikh Ld. Advocate for the Petitioner [Original] ) ) (ECHCBM02078302024)

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P.C.:

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Petitioner, namely BHIKAJI NAMDEO CHAVAN, 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 Samidha Bhikaji Chavan(For short “Said deceased”).

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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.

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Said deceased died as a Married on 12-05-2020 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 5 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.

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Office issued Citation to all concern and same has been 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”). 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.

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

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2 84.TP/5135/2025

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surety.

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Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being Widower 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:

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ORDER

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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.

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1. The petitioner to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

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

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16th December, 2025

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Officer on Special Duty, with the Testamentary Department

Bhikaji Namdeo Chavan v. Late Samidha Bhikaji Chavan

Case brief

What is this about?

What did the court decide?

Bhikaji Namdeo Chavan v. Late Samidha Bhikaji Chavan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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