Bharti Govindji Katar Petitioner vs Mangalaben… — Succession and Inheritance | Bombay HC (2026)

Bharti Govindji Katar Petitioner vs Mangalaben… — 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 (shown in Schedule I of the petition), in the prescribed format, having effect throughout the State of Maharashtra, under the Indian Succession Act, 1925; petitioner exempted from furnishing the administrative bond.

Issue for consideration

Whether the petitioner, daughter of the deceased Mangalaben G. Ponda, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

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 / Principle

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

Key takeaways

In view of the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.ratio¶5
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶ORDER 2
Before issuance of the grant, the office is to verify that there is no cross-petition pending or caveat resisting the petition filed.ratio

Detailed headnote1 paragraphs

Testamentary petition TP/365/2026 (internal ref. AMH20240000141C2025000), decided 17th March, 2026 by Shri P. A. Jagdale, Officer on Special Duty, Testamentary Department. Petitioner Bharti Govindji Katar alias Bharati, daughter and stated sole heir of the deceased Mangalaben Gatubhai Ponda alias Mangalaben G. Ponda (who died as a widow on 25-10-1991 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule I of the petition; delay explained vide Rule 382 of the Rules. Citation was affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice to the Collector issued vide Rule 396; no one appeared to resist the claim, so the petition was treated as uncontested. Relying on the Court's earlier orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP/2918/2023, the petitioner was exempted from furnishing the administrative bond. Petition allowed: Letters of Administration granted with effect throughout Maharashtra; 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.

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

FOR COMPLIANCE:

TP/365/2026 ) (AMH20240000141C2025000 ) Shri. Vineet Saraf Ld. Advocate for the Petitioner 20) )

P.C.:

Petitioner, namely BHARTI GOVINDJI KATAR alias BHARATI, 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 MANGALABEN GATUBHAI PONDA alias Mangalaben G. Ponda(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 affidavit with document to dispense with the requisition of an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 25-10-1991 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 5 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.

In view of the order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Daughter 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 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.

17th March, 2026

Officer on Special Duty,

with the Testamentary Department