Veena Someshkumar Bhasin vs Km Suraj Bhasin… — Succession and Inheritance | Bombay HC (2026)

Veena Someshkumar Bhasin vs Km Suraj Bhasin… — 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 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 or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, Veena Someshkumar Bhasin, under the Indian Succession Act, 1925 for the properties left by the deceased, Suraj Ganeshdas Bhasin. +1 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

Facts stated by the petitioner and the heirs of the deceased, on oath, remained unchallenged and were required to be accepted.

Detailed headnote1 paragraphs

Uncontested testamentary petition (12.TP/5355/2024) under the Indian Succession Act, 1925: Letters of Administration granted to Veena Someshkumar Bhasin, sister-in-law of the deceased Suraj Ganeshdas Bhasin (died unmarried on 18-04-2013 at Mumbai), for the properties shown in Schedule I, having effect throughout the State of Maharashtra. Entitlement urged under the Hindu Succession Act, 1956; citation served and 14 days expired under Rules 397(1) and (4) and notice given to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; delay explained vide Rule 382; legal heirs consented by affidavit without reserving any right; administration bond filed in prescribed form No. 118 with surety. Order dated 10th March, 2026 by Shri P. A. Jagdale, Officer on Special Duty, Testamentary Department.

1 12.TP/5355/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 10th March, 2026

FOR COMPLIANCE:

TP/5355/2024 ) Shri. D R Mishra Ld. Advocate for the Petitioner ) [Original] )

(ECHCBM02144852024)

P.C.:

Petitioner, namely VEENA SOMESHKUMAR BHASIN, 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 SURAJ GANESHDAS BHASIN alias K M. SURAJ BHASIN d/o GANESHDAS BHASIN alias MISS SURAJKANTA(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 identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Spinster on 18-04-2013 at Mumbai leaving behind her 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.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any

2 12.TP/5355/2024

right. Legal heirs have accepted the facts regarding their relationship, inter se. 6) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being Sister in law of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner 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 petitioner for properties, left by the deceased and shown in the schedule, in the prescribed format, having effect throughout 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,

10th March, 2026 Officer on Special Duty, with the Testamentary Department