Raghuram Nathu Poojary vs Nathu Poojari alias… — Succession and Inheritance | Bombay HC (2026)

Raghuram Nathu Poojary vs Nathu Poojari alias… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioners Raghuram Nathu Poojary and Nanda Sadashiv Poojary for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioners to file an account as undertaken in their Oath within the stipulated period; office to verify absence of any cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioners, stated to be the son and daughter of the deceased, are entitled to Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased.

Court's answer

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 therefore treated as an uncontested one.

Ratio / Principle

The facts stated by the petitioners and heirs 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

Petition allowed; 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.ratio¶13
In view of the order passed in TP No. 2918/2023, all the legal heirs of the deceased are petitioners and are exempted from furnishing the surety bond.ratio¶9
The petitioners are directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Testamentary Petition TP/397/2026, Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), decided 18th March, 2026. Petitioners Raghuram Nathu Poojary (son) and Nanda Sadashiv Poojary (daughter) applied for Letters of Administration under the Indian Succession Act, 1925 for the properties of the deceased Nathu Poojari alias Nathu Beacha Poojari, who died on 02-12-2013 at Mumbai. Citation was issued and affixed on the High Court and Collector's Office notice boards; 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector was issued under Rule 396; delay was explained vide Rule 382. No one appeared to resist the claim, so the petition was treated as uncontested; in view of the order in TP No. 2918/2023, the heirs being the petitioners, they were exempted from furnishing surety bond. Entitlement was urged under the Hindu Succession Act, 1956. Holding that the facts stated on oath remained unchallenged and were required to be accepted, the court allowed the petition and granted Letters of Administration effective throughout Maharashtra, directing the petitioners to file an account as undertaken in their Oath and the office to verify that no cross-petition or caveat exists before issuance of the grant.

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 18th March, 2026

FOR COMPLIANCE:

TP/397/2026 ) Ms. Bhakti Patil i/b Prabhu Velar Ld. Advocate (AMH20240128529C20250 ) for the Petitioner 0177) )

P.C.:

Petitioners, namely 1. Raghuram Nathu Poojary & 2. Nanda Sadashiv Poojary, 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 Nathu Poojari alias Nathu Beacha Poojari, (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 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 married on 02-12-2013 at 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. 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 in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the

surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioners No. 1 being Son and Petitioner no. 2 being daughter of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners 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,

18th March, 2026 Officer on Special Duty, with the Testamentary Department