Shyam Jamnaprasad Pandey Being Ca of (Gulabdhar… — Succession and Inheritance | Bombay HC (2026)

Shyam Jamnaprasad Pandey Being Ca of (Gulabdhar… — Succession and Inheritance | Bombay HC (2026)

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, having effect throughout the State of Maharashtra, 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 and no caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being the Constituted Attorney of Gulabdhar Sarjuprasad Pandey (a son of the deceased Sarjuprasad Deviprasad Pandey), is entitled to be granted Letters of Administration, under the provisions of the Indian Succession Act, 1925, for the properties left by the deceased.

Court's answer

Since no one appeared to resist the claim and the facts stated by the petitioner on oath remained unchallenged, they were required to be accepted; the petitioner, being the Constituted Attorney of Gulabdhar Sarjuprasad Pandey, a son of the deceased, is entitled to seek Letters of Administration, and the petition deserves to be allowed as prayed for.

Ratio / Principle

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, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.

Detailed headnote1 paragraphs

Uncontested testamentary petition (Bombay High Court, Testamentary Department) under the Indian Succession Act, 1925: by order dated 17th February, 2026, Shri P. A. Jagdale, Officer on Special Duty, allowed the petition and granted Letters of Administration (having effect throughout the State of Maharashtra) to Shyam Jamnaprasad Pandey, Constituted Attorney of Gulabdhar Sarjuprasad Pandey, a son of the deceased Sarjuprasad Deviprasad Pandey (who died as a widower on 17-11-2019 at Gyanpur, Uttar Pradesh), for the properties shown in Schedule I. Citation had been published and the 14-day period under Rules 396/397 of the BHC (O.S.) Rules expired with no appearance, objection or reported pending litigation; the delay was explained per Rule 382 and an administration bond in Form No. 118 with surety was filed. Petitioner directed to file account as undertaken in his Oath; office to confirm absence of any cross-petition or caveat before issuing the grant.

2 49.TP/2141/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 17th February, 2026

FOR COMPLIANCE:

TP/2151/2024

) Mr. Jayant Wani i/b R.S. Dube Ld. Advocate for ) the petitioner )

P.C.:

Petitioner, namely SHYAM JAMNAPRASAD PANDEY being Constituted Attorney of GULABDHAR SARJUPRASAD PANDEY, has applied 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 SARJUPRASAD DEVIPRASAD PANDEY,(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 17-11-2019 at Gyanpur, Uttar Pradesh 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.

Office issued Citation to all concern and same has been 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”). 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.

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

Ld. Advocate for the petitioner submitted that in view of provisions ofHindu Succession Act, 1956, the petitioner, being being Constituted Attorney of GULAB

2 49.TP/2141/2024

DHAR SARJUPRASAD PANDEY a son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, 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, having effect throughout State of Maharashtra 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.

Officer on Special Duty,

17th February, 2026 Officer on Special Duty, with the Testamentary Department