Sanjyot Prasad Tilve nee Sanjyot Kishor Samant vs… — Succession and Inheritance | Bombay HC (2026)

Sanjyot Prasad Tilve nee Sanjyot Kishor Samant vs… — 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 exempted from administrative bond as sole heir; petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period; office to verify no cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, stated to be the daughter and sole heir of the deceased Smita Kishor Samant, is entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule I of the petition.

Court's answer

Since no one appeared to resist the petitioner's claim within the citation period and nothing was brought to notice regarding pending litigation over the same properties, the petition was treated as an uncontested one.

Ratio / Principle

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.

Key takeaways

The petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond, in view of the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.ratio¶10
Petition allowed; 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, subject to filing of account as per the Petitioner's Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.ratio¶15

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), order dated 12th January 2026 in 59.TP/5487/2025: Petition by Sanjyot Prasad Tilve (nee Sanjyot Kishor Samant), daughter of the deceased Smita Kishor Samant (died 15-03-2025 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 over the properties in Schedule I. Citation was issued and affixed on the High Court and Collector's Office notice boards, 14 days expired under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice issued to the Collector under Rule 396; no one contested and no pending litigation was disclosed, so the petition was treated as uncontested and the petitioner's sworn facts accepted. Relying on the Court's earlier orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner as sole heir was exempted from furnishing the administrative bond. HELD: petition allowed; Letters of Administration granted for the scheduled properties, effective throughout the State of Maharashtra; petitioner to file account as per her Oath; office to verify absence of any cross-petition or caveat before issuance of the grant.

2 59.TP/5487/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 12th January 2026

FOR COMPLIANCE:

TP/5487/2025 ) Ms. Bhakti Patil i/b Yogini Ugale Ld. Advocate for the (AMH20240128529C202500145) ) Petitioner )

P.C.:

Petitioner, namely Sanjyot Prasad Tilve nee Sanjyot Kishor Samant, 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 Smita Kishor Samant (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 Widow on 15-03-2025 at Mumbai 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 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 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

2 59.TP/5487/2025

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,

12th January 2026 Officer on Special Duty, with the Testamentary Department