Vijay Yashwant Patil vs Chandrabhaga Yashwant Patil — Succession and Inheritance | Bombay HC (2026)

Vijay Yashwant Patil vs Chandrabhaga Yashwant Patil — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Vijay Yashwant Patil for the properties left by the deceased Chandrabhaga Yashwant Patil and shown in the schedule, effective throughout the State of Maharashtra under the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in the oath within the stipulated period, office verification before issuance of the grant that no cross-petition or caveat is pending, and the petitioner mentioning the petition number in the administration bond, re-uploading it, and getting corrections initialled by the petitioner, surety and notary.

Issue for consideration

Whether the petitioner, a son of the deceased Chandrabhaga Yashwant Patil, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased.

Court's answer

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

Ratio / Principle

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.

Key takeaways

The petition was allowed and Letters of Administration were ordered to be granted to the petitioner for the properties left by the deceased and shown in the schedule.ratio¶16
The grant of Letters of Administration was to have effect throughout the state of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶16
Conditions attached to the grant: (i) petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period; (ii) before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition is filed; (iii) petitioner to mention the petition number in the administration bond and re-upload it, with corrections initialled by the petitioner, surety and notary.

Detailed headnote1 paragraphs

Testamentary petition (uncontested) — Letters of Administration granted to the son of the deceased under the Indian Succession Act, 1925. Citation was published for over 14 days on the Notice Boards of the High Court and the Collector's Office, Mumbai (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980) with notice to the Collector (Rule 396); no objection or pending litigation was reported, so the petition was treated as uncontested. All legal heirs consented by affidavit without reserving any right; the administration bond in prescribed Form No. 118 was filed with surety and the delay was explained vide Rule 382. The grant was made effective throughout the State of Maharashtra, conditioned on filing of accounts as undertaken in the oath, pre-grant verification that no cross-petition or caveat exists, and re-upload of a corrected administration bond bearing the petition number with initials of petitioner, surety and notary.

1 61.TP/343/2026

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 16th March, 2026

FOR COMPLIANCE:

) 61. TP/343/2026 Shri. Aditya Subhash Patil Ld. Advocate for the (AMH20240136406C20240 ) Petitioner 0001) )

P.C.:

Petitioner, namely VIJAY YASHWANT PATIL, 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 CHANDRABHAGA YASHWANT PATIL, (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 Widow on 17-09-2015 at Vita, Dist. Sangli 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. 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 right. Legal heirs have accepted the facts regarding their relationship, inter se.

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

2 61.TP/343/2026

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 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.

1. Petitioner to mention the petition number in administration bond and reupload the same. Furthermore, corrections must be initialed by the petitioner, surety and notary.

16th March, 2026 Officer on Special Duty, with the Testamentary Department