Ramawtar Hariram Vishwakarma vs Ramlochan… — Succession and Inheritance | Bombay HC (2026)

Ramawtar Hariram Vishwakarma vs Ramlochan… — 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 as per the provisions of the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period; office to verify no cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, being the nephew of the deceased, is entitled to be granted Letters of Administration for the properties left by the deceased, under the Hindu Succession Act, 1956 and the Indian Succession Act, 1925. +1 more

Court's answer

The facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Ratio / Principle

Since no one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.

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, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶¶18
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶¶19
Before issuance of the grant, the office is to verify that there is no cross-petition pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), 44.TP/2818/2024, decided 28th January 2026 by Shri P. A. Jagdale, Officer on Special Duty: Ramawtar Hariram Vishwakarma, nephew of the deceased Ramlochan Mithailal Vishwakarma (died 10/06/2013 at Mumbai) and Chandrakala Ramlochan Vishwakarma (died 05/12/2013 at Mumbai as a widow), applied under the Indian Succession Act, 1925 for Letters of Administration to the properties left by them. After citation under Rule 397(1) and (4) and notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980, with no objector appearing and no pending litigation brought to notice, the petition was treated as uncontested; the legal heirs consented by affidavits without reserving any right, an administration bond in form No. 118 with surety was filed, and delay was explained vide Rule 382. Counsel submitted, invoking the Hindu Succession Act, 1956, that the petitioner as nephew of the deceased was entitled to the grant. The petition was allowed: Letters of Administration granted for the scheduled properties, effective throughout the State of Maharashtra; petitioner to file account as undertaken in the oath; office to verify absence of any cross-petition or caveat before issuance of the grant.

1 44.TP/2818/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 28th January 2026

FOR COMPLIANCE:

TP/2818/2024

[Original]

) Ms. Sunitha Perumal i/b Pramod Tayade Ld. ) Advocate for the Petitioner )

(ECHCBM02213602023)

P.C.:

Petitioner, namely Ramawtar Hariram Vishwakarma, 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 (1) Ramlochan Mithailal Vishwakarma and (2) Chandrakala Ramlochan Vishwakarma(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificates of both the deceased, an identity proofs of both the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased No. 1 died as a married on 10/06/2013 at Mumbai and deceased No. 2 died as a widow on 05/12/2013 at Mumbai leaving behind them 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.

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

2 44.TP/2818/2024

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 surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Nephew of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heir 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, having effect throughout the 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.

28th January 2026

Officer on Special Duty,