Santosh Vasudev Mahadik and Anr. vs Vasudev… — Succession and Inheritance | Bombay HC (2025)

Santosh Vasudev Mahadik and Anr. vs Vasudev… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to Petitioners Nos. 1 and 2 (Santosh Vasudev Mahadik and Suchita Chandrakant Mahadik) for the properties left by the deceased Vasudev Bhikaji Mahadik and shown in Schedule-I, under the provisions of the Indian Succession Act, 1925, subject to the office verifying before issuance of the grant that no cross petition is pending or caveat resisting the petition is filed, and the petitioners filing an account as undertaken in the Petitioner's Oath within the stipulated period.

Issue for consideration

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

Court's answer

Till the date of the order no one had appeared to resist the claim of the petitioner and nothing had been brought to the notice regarding pending litigation pertaining to the same properties; accordingly, the petition was treated as an uncontested one.

Ratio / Principle

The legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration to the petitioners without reserving any right, and accepted the facts regarding their relationship inter se.

Key takeaways

The facts stated by the petitioners 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.ratio¶¶13
The petition was allowed and Letters of Administration were ordered to be granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format under the provisions of the Indian Succession Act, 1925.ratio¶¶15

Detailed headnote1 paragraphs

Uncontested testamentary petition 54.TP/719/2025 before the Officer on Special Duty, Testamentary Department (decided 07-04-2025): Letters of Administration under the Indian Succession Act, 1925 granted to Santosh Vasudev Mahadik (son of the deceased) and Suchita Chandrakant Mahadik (daughter-in-law of the deceased) for the scheduled properties of deceased Vasudev Bhikaji Mahadik, who died on 08-02-2017 at Mumbai. Citation was affixed on the notice boards of the High Court and the Collector's Office, Mumbai, the 14-day objection period expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice to the Collector was issued under Rule 396; delay was explained vide Rule 382 of the Rules. No one opposed and no pending litigation was brought to notice, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right; an administration bond in prescribed Form No. 118 with surety was filed. Grant was made subject to office verification that no cross petition or caveat is pending and to the petitioners filing an account as undertaken in the Petitioner's Oath.

1 54.TP/719/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 07th April 2025

FOR COMPLIANCE:

TP/719/2025 P. C. Shri. Suyash Kalbhor Ld. Advocate for the Petitioner : (AMH20240004285 C202400006)

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 Vasudev Bhikaji Mahadik (For short “Said deceased”). The petitioners, namely 1) Santosh Vasudev Mahadik and (2) Suchita Chandrakant Mahadik, have 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 08-02-2017 at Mumbai leaving behind him 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. 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 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 54.TP/719/2025

treated as uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

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

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

1. The petitioners 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.

Officer on Special Duty,

07th April 2025 Officer on Special Duty, with Testamentary Department