Shalan Hanumant Pawar and Others vs Hanumant… — Succession and Inheritance | Bombay HC (2026)

Shalan Hanumant Pawar and Others vs Hanumant… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra, subject to the petitioners filing an account as undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross-petition or caveat is pending.

Issue for consideration

Whether the petitioners are entitled to be granted Letters of Administration, under the provisions of the Indian Succession Act, 1925, in respect of the properties left by the deceased, Hanumant Shivaji Pawar.

Court's answer

Since no one appeared to resist the claim and nothing was brought to the Court's notice regarding pending litigation over the same properties, the petition was treated as uncontested; the facts stated by the petitioners and the heirs of the deceased on oath remained unchallenged and were required to be accepted, and the petition deserved to be allowed as prayed for.

Ratio / Principle

Letters of Administration granted to the petitioners 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.

Key takeaways

The petitioners are directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office is to verify that there is no cross-petition pending or caveat resisting the petition filed.ratio¶17

Detailed headnote1 paragraphs

Uncontested testamentary petition under the Indian Succession Act, 1925: the petitioners — Shalan Hanumant Pawar, Harshal Hanumant Pawar and Vrushal Hanumant Pawar — sought Letters of Administration to the properties left by deceased Hanumant Shivaji Pawar, who died on 05-08-2024 at Navi Mumbai. Counsel stated, invoking the Hindu Succession Act, 1956, that petitioner No. 1 is the widow and Nos. 2 and 3 are the sons of the deceased. Citation was published on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396. No one appeared to resist the claim and no pending litigation was brought to the Court's notice, so the petition was treated as uncontested; the administration bond in prescribed form No. 118 with surety was on file. Accepting the unchallenged facts stated on oath, the Court allowed the petition and granted Letters of Administration with effect throughout the State of Maharashtra, directing the petitioners to file an account as undertaken in their oath and requiring the office, before issuance of the grant, to verify that no cross-petition or caveat is pending.

1 76.TP/277/2026

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 12th March, 2026

FOR COMPLIANCE:

TP/277/2026 ) Ms. Yojana Gandhi i/b Rekha Shukla Ld. Advocate ) (AMH20230015912C2025000 for the Petitioner ) 08)

P.C.:

Petitioners, namely 1. Shalan Hanumant Pawar, 2. Harshal Hanumant Pawar and 3. Vrushal Hanumant Pawar, have 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 Hanumant Shivaji Pawar(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 married on 05-08-2024 at Navi Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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.

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.

Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

Ld. Advocate for the petitioners submitted that in view of provisions ofthe Hindu Succession Act, 1956, the petitioners, No. 1 being widow and No. 2 and 3 being sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated

2 76.TP/277/2026

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 petitioners for 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.

1. The petitioners 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,

12th March, 2026 Officer on Special Duty, with the Testamentary Department