Venugopal Umanath Balwalli vs Shyamala Umanath… — Succession and Inheritance | Bombay HC (2026)

Venugopal Umanath Balwalli vs Shyamala Umanath… — 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 under the Indian Succession Act, 1925. Petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period. Before issuance of the grant, the office to verify that no cross-petition is pending and no caveat resisting the petition is filed. Petitioner exempted from furnishing the administrative bond.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner under the Indian Succession Act, 1925 for the properties left by the deceased Shyamala Umanath Balwalli and shown in Schedule I of the petition. +2 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

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

Key takeaways

The petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond, in view of the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022.ratio¶¶10

Detailed headnote1 paragraphs

Testamentary Petition 42.TP/4415/2025 (Bombay High Court, Officer on Special Duty with the Testamentary Department, 30th January 2026) — Uncontested application by Venugopal Umanath Balwalli, stated to be the brother and sole class-I heir of the deceased Shyamala Umanath Balwalli (stated to have died unmarried on 20-05-2020 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925. Citation was published on the notice boards of the High Court and the Collector's Office, Mumbai, and the 14-day period expired (Rules 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); notice was issued to the Collector (Rule 396); no caveator appeared and no pending litigation was reported. Relying on the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner was exempted from furnishing the administrative bond. Counsel submitted entitlement under the Hindu Succession Act, 1956; the petitioner's sworn facts being unchallenged were accepted. Held: petition allowed; Letters of Administration granted effective throughout Maharashtra, subject to the petitioner filing an account as per the Oath and office verification that no cross-petition or caveat is pending.

1 42.TP/4415/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 30th January 2026

FOR COMPLIANCE:

TP/4415/2025 ) Ms. Kalpana More Ld. Advocate for the Petitioner ) (AMH20230027520C2024000 ) 03)

P.C.:

Petitioner, namely VENUGOPAL UMANATH BALWALLI, 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 Shyamala Umanath Balwalli(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 Unmarried on 20-05-2020 at Mumbai leaving behind him 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.

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

Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being Brother of the deceased, is entitled

2 42.TP/4415/2025

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.

Officer on Special Duty,

30th January 2026 Officer on Special Duty, with the Testamentary Department