Madhukar Motiram Madhav vs Savitri Motiram Madhav… — Succession and Inheritance | Bombay HC (2025)

Madhukar Motiram Madhav vs Savitri Motiram Madhav… — 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 or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, stated to be a son of the deceased Savitri Motiram Madhav, for 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 notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.

Ratio / Principle

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

Key takeaways

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.ratio¶7
Petition allowed; 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.ratio¶ORDER 1

Detailed headnote1 paragraphs

Testamentary Petition 62.TP/974/2025 under the Indian Succession Act, 1925 for Letters of Administration to the estate of Savitri Motiram Madhav, who died a widow on 11-12-1998 at Vashi, Navi Mumbai, leaving the legal heirs shown in paragraph 4 of the petition. Petitioner Madhukar Motiram Madhav, stated to be a son of the deceased, invoked the Hindu Succession Act 1956. Delay explained vide Rule 382; citation affixed on the Notice Board of the Hon'ble High Court and the Collector's Office at Mumbai with 14 days expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to Collector issued vide Rule 396; no one appeared to resist the claim. Legal heirs consented by affidavits without reserving any right; administration bond in prescribed Form No. 118 filed with surety. Held: petition treated as uncontested and allowed; Letters of Administration granted for the scheduled properties; petitioner to file account as undertaken in the Petitioner's Oath; office to verify absence of any cross-petition or caveat before issuance of the grant.

1 62.TP/974/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 24th April 2025

FOR COMPLIANCE:

TP/974/2025 P. C. Shri. Jayesh Kotadia i/b Sandhay Yadav Ld. Advocate for the : (AMH20230031811 Petitioner C202400011)

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 Savitri Motiram Madhav (For short “Said deceased”). The petitioner, namely Madhukar Motiram Madhav, 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 11-12-1998 at Vashi, Navi 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 62.TP/974/2025

pertaining to the same properties. Hence, the petition is 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.

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 Son 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.

Officer on Special Duty,

24th April 2025 Officer on Special Duty, with Testamentary Department