Prakash Bhagoji Bhogle vs Laxmi Bhagoji Bhogle… — Succession and Inheritance | Bombay HC (2025)

Prakash Bhagoji Bhogle vs Laxmi Bhagoji Bhogle… — 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 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, being the son of the deceased Laxmi Bhagoji Bhogle, is entitled to be granted Letters of Administration in respect of the properties left by the deceased. +3 more

Court's answer

The court accepted the submission that, in view of the Hindu Succession Act 1956, the petitioner, being the son of the deceased, was entitled to seek Letters of Administration.

Ratio / Principle

As no one appeared to resist the claim and no pending litigation concerning the same properties was brought to notice, the petition was treated as uncontested.

Key takeaways

It was recorded that the deceased died as a widow on 19-09-2015 at Mumbai leaving behind the legal heirs shown in paragraph 4 of the petition.ratio¶7
The facts stated by the petitioner on oath had remained unchallenged, were required to be accepted, and the petition deserved to be allowed as prayed for.ratio¶12
In view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole heir of the deceased, was exempted from furnishing the administrative bond.

Detailed headnote1 paragraphs

Testamentary — Letters of Administration (High Court of Bombay, Testamentary Department, Officer on Special Duty Shri P. A. Jagdale), order dated 21.04.2025 on TP 66/860/2025. Petition of Prakash Bhagoji Bhogle, son of Laxmi Bhagoji Bhogle (deceased, who died as a widow on 19-09-2015 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 for the Schedule-I properties was allowed. Citation was duly affixed on the High Court and Collector's Office notice boards (Rule 397(1) and (4)) and notice was issued to the Collector (Rule 396) under the Bombay High Court (O.S.) Rules, 1980; delay was covered under Rule 382. Nobody appeared in opposition and no pending litigation was reported, so the petition was treated as uncontested and the facts stated on oath were accepted. The son's entitlement was canvassed under the Hindu Succession Act 1956 and, relying on the court's earlier order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner as sole heir was exempted from furnishing the administrative bond. Grant conditioned on the petitioner filing the account as undertaken in the Petitioner's Oath and office verification, before issuance of the grant, that no cross-petition or caveat is pending.

1 66.TP/860/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 21st April 2025

FOR COMPLIANCE:

TP/860/2025 P. C. Shri. Sohel Mujawar i/b Suresh Shinde Ld. Advocate for the : (AMH20230040145 Petitioner C202400003)

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 LAXMI BHAGOJI BHOGLE (For short “Said deceased”). The petitioner, namely PRAKASH BHAGOJI BHOGLE, has filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 19-09-2015 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. 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

2 66.TP/860/2025

pertaining to the same properties. Hence, the petition is treated as uncontested one.

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

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 petitioner, 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.

21st April 2025 Officer on Special Duty, with Testamentary Department