Rajashri alias Rajashree Mahadeo Samant vs Mahadeo… — Succession and Inheritance | Bombay HC (2025)

Rajashri alias Rajashree Mahadeo Samant vs Mahadeo… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, effective throughout the State of Maharashtra, under the Indian Succession Act, 1925; petitioner exempted from furnishing the administrative bond; subject to filing of account as undertaken in the Petitioner's Oath within the stipulated period and office verification, before issuance of the grant, that no cross-petition or caveat resisting the petition is pending.

Issue for consideration

Whether the petitioner, being the widow of the deceased Mahadeo Bhaskar Samant, is entitled to seek Letters of Administration for the properties left by the deceased under the provisions applicable to her succession rights.

Court's answer

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

Ratio / Principle

In view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.

Key takeaways

Facts stated by the petitioner on oath having remained unchallenged were required to be accepted; accordingly the petition deserved to be allowed, as prayed for.ratio¶¶13
Letters of Administration were ordered to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, with effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶¶15

Detailed headnote1 paragraphs

Testamentary Petition No. TP/5272/2025, Bombay High Court (Testamentary Department), decided 22.12.2025 by Shri P. A. Jagdale, Officer on Special Duty. Petitioner Rajashri alias Rajashree Mahadeo Samant, widow and sole class-I heir of the deceased Mahadeo Bhaskar Samant (died 07-02-2019 at Mumbai), applied for Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule I of her petition. Citation issued under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 expired with neither objection nor intimation of pending litigation, so the petition was treated as uncontested. Relying on the Hon'ble Court's orders in TP Nos. 2556 & 2559 of 2022 (28.02.2023), the petitioner, as sole class-I heir, was exempted from furnishing the administrative bond. Counsel contended, invoking the Hindu Succession Act, 1956, that the widow was entitled to the grant; the facts stated on oath remaining unchallenged, they were accepted and the petition allowed. Letters of Administration were granted in the prescribed format with effect throughout the State of Maharashtra, conditional on filing of account as per the Petitioner's Oath within the stipulated period, and subject to office verification before issuance of the grant that no cross-petition or caveat is pending.

1 96.TP/5272/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 22nd December, 2025

FOR COMPLIANCE:

TP/5272/2025 ) Shri. A R Bapat Ld. Advocate for the Petitioner (AMH20240129051C2025000 ) 10) )

P.C.:

Petitioner, namely Rajashri alias Rajashree Mahadeo Samant, 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 Mahadeo Bhaskar Samant(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 identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Married on 07-02-2019 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. The deceased left properties shown in Schedule I of the petition. The delay has been explained vide Rule 382 of the Rules.

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.

In view of the order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being Widow of the deceased, is entitled

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to seek a Letters of Administration. Hence, facts stated by the petitioner, 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 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.

1. The petitioner 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.

22nd December, 2025 Officer on Special Duty, with the Testamentary Department