Vrushali Rohit Nageshkar vs Usha Prabhakar… — Succession and Inheritance | Bombay HC (2025)

Vrushali Rohit Nageshkar vs Usha Prabhakar… — 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, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and to office verification, before issuance of the grant, that no cross petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being the daughter of the deceased Usha Prabhakar Dadarkar, is entitled to be granted Letters of Administration in respect of the properties left by the deceased under the Indian Succession Act, 1925.

Court's answer

As 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 and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Key takeaways

Petition allowed; Letters of Administration 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¶ORDER-1
Before issuance of the grant, the office is to verify that no cross petition is pending and no caveat resisting the petition has been filed; the petitioner is further to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶ORDER-3

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), 28.TP/699/2025 — Petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Usha Prabhakar Dadarkar, who died at Mumbai on 24/10/2023, filed by her daughter Vrushali Rohit Nageshkar in respect of the Schedule-I properties. Citation affixed on the High Court and Collector's Office notice boards with 14 days' expiry under Rule 397(1) and (4), and notice to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no opposition; petition uncontested. Legal heir consented by affidavit without reserving any right; administration bond in Form No. 118 filed with surety. Held: facts stated on oath by the petitioner and heirs remained unchallenged and required acceptance; petition allowed and Letters of Administration granted, subject to filing of account as undertaken in the Petitioner's Oath and office verification of no cross petition/caveat before issuance of the grant.

1 28.TP/699/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 17th September, 2025

FOR COMPLIANCE:

TP/699/2025 P. Ms. Afaf B. Saudagar i/b Rajshri Nadiger Ld. Advocate for C. : (AMH202300196 the Petitioner 65C202400007)

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 Usha Prabhakar Dadarkar, (For short “Said deceased”). The petitioner, namely Vrushali Rohit Nageshkar, has filed documents.

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.

Said deceased died as a married on 24/10/2023 at Mumbai leaving behind her 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. Deceased left properties shown in the schedule-I of the petition.

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

2 28.TP/699/2025

treated as uncontested one.

Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

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

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956 1956, the petitioner, being Daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, 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.

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

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.

17th September, 2025 Officer on Special Duty, with Testamentary Department