Shruti Pritam Jadhav vs Pritam Govind Jadhav… — Succession and Inheritance | Bombay HC (2025)

Shruti Pritam Jadhav vs Pritam Govind Jadhav… — 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; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, SHRUTI PRITAM JADHAV, widow of the deceased Pritam Govind Jadhav, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased. +2 more

Court's answer

The petition was treated as uncontested: till the date of the order nobody had appeared to resist the petitioner's claim and nothing had been brought to the notice regarding pending litigation pertaining to the same properties.

Ratio / Principle

The facts stated on oath by the petitioner and the heir of the deceased remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Key takeaways

Adopting the advocate's submission (advanced in view of the Hindu Succession Act, 1956), the petitioner — being the widow of the deceased — was treated as entitled to seek Letters of Administration.ratio¶¶20
The minor legal heir consented through his natural guardian (his mother, the petitioner) by affidavit to the grant of Letters of Administration without reserving any right.ratio¶¶17
In view of the order passed in Testamentary Petition No. 1701 of 2017, and since the petitioner is the birth parent of the minor, there was no requisition to justify the share of the minor legal heir Devansh.

Detailed headnote1 paragraphs

Testamentary — Letters of Administration — Indian Succession Act, 1925 — Petition by the widow, Shruti Pritam Jadhav, for administration of the properties of her deceased husband Pritam Govind Jadhav (died 12-04-2021 at Mumbai) — Citation published under Rules 396 and 397(1) and (4), Bombay High Court (O.S.) Rules, 1980; no appearance, caveat or pending litigation notified; petition treated as uncontested — Minor legal heir (Devansh) consented through his natural guardian (his mother, the petitioner) by affidavit without reserving any right; no requisition to justify the minor's share in view of the order in Testamentary Petition No. 1701 of 2017, the petitioner being the minor's birth parent — Delay explained vide Rule 382 — Administration bond in prescribed form No. 118 filed with surety — Facts on oath unchallenged and accepted; entitlement of the widow urged under the Hindu Succession Act, 1956 — Petition allowed and Letters of Administration granted, subject to filing of account and office verification that no cross petition or caveat is pending before issuance of the grant.

1 75.TP/785/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 05th May 2025

FOR COMPLIANCE:

TP/785/2024 P. C. Shri. Aamir Koradia a/w Shri. Zaki Shaikh Ld. Advocate for the : [Original] Petitioner

[Original]

(ECHCBM0217909

with

IA(L)/28706/2024

(AMH20230016233 C2024000008)

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 Pritam Govind Jadhav (For short “Said deceased”). The petitioner, namely SHRUTI PRITAM JADHAV, 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 12-04-2021 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners 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. 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 75.TP/785/2024

treated as uncontested one.

Minor Legal heir of the deceased has consented through his natural gaurdian i.e. her mother 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.

The petitioner being birth patent of the minor has filed affidavit. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, namely Devansh as the petitioner is the birth parent of said minor.

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, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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.

05th May 2025 Officer on Special Duty, with Testamentary Department