Salubai Maruti Gawde vs Maruti Genu Gawde alias… — Succession and Inheritance | Bombay HC (2026)

Salubai Maruti Gawde vs Maruti Genu Gawde alias… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra; petitioners directed to file an account as undertaken in the Petitioner's Oath within the stipulated period, and the office directed to verify absence of any cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioners, described as the widow and son of the deceased, are entitled to be granted Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925. +1 more

Court's answer

The court found that the facts stated on oath by the petitioners and the heirs of the deceased had remained unchallenged, were required to be accepted, and that the petition therefore deserved to be allowed as prayed for.

Ratio / Principle

Letters of Administration were ordered to be granted to the petitioners 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.

Key takeaways

Since nobody appeared to resist the claim and nothing was brought to notice regarding pending litigation over the same properties, the petition was treated as an uncontested one.ratio¶9

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri. P. A. Jagdale, Officer on Special Duty), in Testamentary Petition 81.TP/5386/2025 decided on 07th January 2026, allowed an uncontested petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Maruti Genu Gawde alias Maruti Genu Gawade alias Maruti Genu Gavde alias Maruti Ganu Gavde, who died on 01-07-2024 at Pune. Petitioners Salubai Maruti Gawde (widow) and Ramdas Maruti Gawde (son) advanced their entitlement under the Hindu Succession Act, 1956 through Ld. Advocate Praful Pawar. Citation had been affixed on the notice boards of the High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4), and notice issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one resisted the claim and no pending litigation was reported, so the petition was treated as uncontested. All legal heirs consented by affidavit without reserving rights, and the administration bond in prescribed form No. 118 was filed with surety. The court accepted the sworn, unchallenged facts and granted Letters of Administration effective throughout the State of Maharashtra, directing the petitioners to file an account as per their oath and the office to verify that no cross-petition or caveat exists before issuance of the grant.

1 81.TP/5386/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 07th January 2026

FOR COMPLIANCE:

TP/5386/2025 ) Shri. Praful Pawar Ld. Advocate for the Petitioner (AMH20230017601C2025000 ) 22) )

P.C.:

Petitioners, namely 1. Salubai Maruti Gawde & 2. Ramdas Maruti Gawde, have 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 Maruti Genu Gawde alias Maruti Genu Gawade alias Maruti Genu Gavde alias Maruti Ganu Gavde(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 Married on 01-07-2024 at Pune leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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.

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 right. Legal heirs have accepted the facts regarding their relationship, inter se.

Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

2 81.TP/5386/2025

Ld. Advocate for the petitioners submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner No. 1 being widow and No. 2 being son of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners 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 petitioners 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 petitioners 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.

07th January 2026 Officer on Special Duty, with the Testamentary Department