Shailesh Ravindra Donde vs Ravindra Shantaram… — Succession and Inheritance | Bombay HC (2025)

Shailesh Ravindra Donde vs Ravindra Shantaram… — 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 the prescribed format, per the provisions of 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 or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, son of the deceased, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Ravindra Shantaram Donde.

Ratio / Principle

The facts stated on oath by the petitioner and the heirs of the deceased having remained unchallenged, they were required to be accepted.

Key takeaways

The petition is allowed and Letters of Administration are granted to the petitioner for the properties left by the deceased and shown in the Schedule, in the prescribed format, as per the provisions of the Indian Succession Act, 1925.ratio¶16

Detailed headnote1 paragraphs

Bombay High Court (Testamentary) — Letters of Administration — Indian Succession Act, 1925 — Petitioner Shailesh Ravindra Donde, son of the deceased Ravindra Shantaram Donde (who died a widower on 24-04-2021 at Mumbai), sought Letters of Administration for the deceased's properties shown in Schedule I. Citation duly published on the High Court and Collector's Office notice boards with the 14-day period expiring under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice issued to the Collector under Rule 396; delay explained under Rule 382; legal heirs consented by affidavits without reserving any right; administration bond filed in Form No. 118 with surety. No one contested; facts on oath remained unchallenged and were accepted. Held: petition allowed and Letters of Administration granted per the Indian Succession Act, 1925, subject to the petitioner filing the account undertaken in his Oath and office verification that no cross-petition or caveat exists before issuance of the grant. (Counsel's reliance on the Hindu Succession Act, 1956 was noted as his submission.)

1 56.TP/824/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 04th November 2025

FOR COMPLIANCE:

TP/824/2024 P. C. Ms. Fleur D’souza i/b Aishwarya Tambe Ld. [Original] : Advocate for the Petitioner

(ECHCBM02079192023)

P.C.:

Petitioner, namely SHAILESH RAVINDRA DONDE, has filed this petition 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 RAVINDRA SHANTARAM DONDE (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 Widower on 24-04-2021 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.

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 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.

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

2 56.TP/824/2024

surety.

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

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 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.

04th November 2025 Officer on Special Duty, with the Testamentary Department