Ramyagya Gaurishankar Tiwari vs Harinath… — Succession and Inheritance | Bombay HC (2026)

Ramyagya Gaurishankar Tiwari vs Harinath… — 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 Schedule I of the petition, in the prescribed format, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925; petitioner 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 is entitled to be granted Letters of Administration, under the provisions of the Indian Succession Act, 1925, for the properties left by the deceased Harinath Gaurishankar Tiwari. +1 more

Court's answer

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

Key takeaways

Since no one appeared to resist the claim of the petitioner and nothing was brought to notice regarding pending litigation about the same properties, the petition is treated as an uncontested one.ratio¶P.C. 4)
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¶P.C. 6)

Detailed headnote1 paragraphs

Testamentary petition (uncontested) — Letters of Administration under the Indian Succession Act, 1925 granted to Santosh Kumar Ramyagya Tiwari, brother and sole heir of the deceased Harinath Gaurishankar Tiwari (died unmarried on 04-11-2019 at Machli Shahar, Sujanganj, Faridabad), for the properties shown in Schedule I of the petition, having effect throughout the State of Maharashtra. Citation issued and affixed on the High Court and Collector's Office notice boards; no objector, cross-petition or caveat; facts stated on oath unchallenged. Relying on 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. Entitlement as brother under the Hindu Succession Act, 1956 accepted. Further directions: petitioner to file account as undertaken in the Oath; office to verify absence of cross-petition/caveat before issuance of the grant.

1 33.TP/4976/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 25th March, 2026

FOR COMPLIANCE:

TP/4976/2025 ) Shri. Shivam Gupta i/b Deepa Panicker Ld. ) [Original] Advocate for the Petitioner )

(ECHCBM02149692024)

P.C.:

Petitioner, namely Santosh Kumar Ramyagya Tiwari, 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 Harinath Gaurishankar Tiwari S/o. Gaurishankar Tiwari(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 04-11-2019 at Machli Shahar, Sujanganj, Faridabad 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 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 brother of the deceased, is entitled to

2 33.TP/4976/2025

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.

25th March, 2026

Officer on Special Duty,