Chandralata Wo Govardhandas Mahant vs Ashutosh… — Succession and Inheritance | Bombay HC (2026)

Chandralata Wo Govardhandas Mahant vs Ashutosh… — 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 to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify before issuance of the grant that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, mother and claimed sole class-I heir of the deceased, is entitled to be granted Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925.

Court's answer

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

Ratio / Principle

In view of the order 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.

Detailed headnote1 paragraphs

Testamentary Petition allowed - Letters of Administration granted under the Indian Succession Act, 1925 to the mother of a deceased bachelor who died intestate on 18-03-2024 at Indore. After citation was issued and affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, and 14 days expired under Rules 397(1) and (4) and notice issued to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980, no one appeared to resist the claim; the petition was treated as uncontested and the facts stated on oath were accepted. The petitioner, being the sole class-I heir of the deceased, was exempted from furnishing the administrative bond in view of the Court's earlier order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023. The grant operates throughout the State of Maharashtra, subject to the petitioner filing an account as undertaken in her Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

1 42.TP/4556/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 20th January 2026

FOR COMPLIANCE:

TP/4556/2025 ) Shri. R T Kharwar i/b S X Fernando Ld. Advocate ) (AMH20220000479C2025000 for the Petitioner ) 08)

P.C.:

Petitioner, namely Chandralata W/O. Govardhandas Mahant, 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 Ashutosh Goverdhandas Mahant alias Ashutosh Goverdhanadas Mahant,(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 Bachelor on 18-03-2024 at Indore 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.

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 Hindu Succession Act, 1956, the petitioner, being Mother of the deceased, is entitled to

2 42.TP/4556/2025

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,

20th January 2026 Officer on Special Duty, with the Testamentary Department