Dipali Sameer Karpe vs Vasant Baburao Mohite Decased — Succession and Inheritance | Bombay HC (2026)

Dipali Sameer Karpe vs Vasant Baburao Mohite Decased — 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 as per the provisions of the Indian Succession Act, 1925; petitioner directed to file 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, stated to be the daughter of the deceased, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by deceased Dr. Vasant Baburao Mohite and Usha Vasantrao Mohite. +1 more

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

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 was treated as an uncontested one.

Key takeaways

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¶18
In view of the Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.ratio¶14

Detailed headnote1 paragraphs

TESTAMENTARY PETITION — LETTERS OF ADMINISTRATION — Indian Succession Act, 1925 — Petitioner Dipali Sameer Karpe sought Letters of Administration for the properties left by deceased Dr. Vasant Baburao Mohite (died as a married person on 05.01.2012 at Mumbai) and Usha Vasantrao Mohite (died as a widow on 02.07.2025 at Mumbai), shown in Schedule I of the petition. Citation affixed on the High Court and Collector's Office notice boards with 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; Collector notified under Rule 396; delay explained under Rule 382. No objection raised and no pending litigation reported — petition uncontested. Counsel contended that under the Hindu Succession Act, 1956 the petitioner, being daughter of the deceased, was entitled to the grant; facts stated on oath remained unchallenged. Administrative bond exempted in view of the Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 as petitioner was sole heir. Held: petition allowed; Letters of Administration granted with effect throughout Maharashtra, subject to filing of account per the Petitioner's Oath and office verification that no cross-petition or caveat subsists before issuance of the grant.

1 81.TP/487/2026

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 24th March, 2026

FOR COMPLIANCE:

TP/487/2026 ) Mr. Atish S. Mahade i/b. Anand Omprakash Singh,

[Original]

(AMH20240130620C20250

) Ld. Advocate for the Petitioner. )

P.C.:

Petitioner, namely Dipali Sameer Karpe, 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 (1)Dr. Vasant Baburao Mohite AND (2)Usha Vasantrao Mohite,(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificates of both the deceased, an identity proofs of both the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased No. 1 died as a married on 05.01.2012 at Mumbai and deceased No. 2 died as a widow on 02.07.2025 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 6 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 heir of the deceased, is exempted from furnishing the administrative bond.

2 81.TP/487/2026

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.

24th March, 2026 Officer on Special Duty, with the Testamentary Department