Sudha Ajab Narayan Pandey vs Ajab Narayan… — Succession and Inheritance | Bombay HC (2026)

Sudha Ajab Narayan Pandey vs Ajab Narayan… — 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, having effect throughout the State of Maharashtra as per the Indian Succession Act, 1925; petitioner directed to file an 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, widow of the deceased Ajab Narayan Shivmurti Pandey, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Court's answer

No one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties; the petition is therefore treated as an uncontested one.

Ratio / Principle

The facts stated on oath by the petitioner and the heirs of the deceased remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Key takeaways

Letters of Administration were granted to the petitioner for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925, with the petitioner to file an account as undertaken in the Petitioner's Oath, and with office verification required before issuance of the grant that no cross-petition or caveat is pending.ratio¶15

Detailed headnote1 paragraphs

Testamentary — Letters of Administration — Indian Succession Act, 1925 — Petitioner Sudha Ajab Narayan Pandey, widow of the deceased Ajab Narayan Shivmurti Pandey, applied for Letters of Administration for the properties left by the deceased, who died on 29-09-2019 at Mumbai leaving the heirs shown in paragraph 4 of the petition. Citation was issued and affixed on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396 BHC Rules. No one appeared to resist the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right; an administration bond in prescribed Form No. 118 was filed with surety; delay was explained vide Rule 382 of the Rules. Held: the facts stated on oath by the petitioner and the heirs remained unchallenged and were required to be accepted; the petition was allowed and Letters of Administration were granted for the scheduled properties having effect throughout the State of Maharashtra, with directions that the petitioner file an account as undertaken in the Petitioner's Oath and that the office verify, before issuance of the grant, that no cross-petition or caveat is pending.

1 72.TP/5742/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 21st January 2026

FOR COMPLIANCE:

TP/5742/2025 ) Shri. Umeshchandra Tiwari Ld. Advocate for the ) (AMH20230023712C2025000 Petitioner ) 31)

P.C.:

Petitioner, namely Sudha Ajab Narayan Pandey, 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 Ajab Narayan Shivmurti Pandey(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 29-09-2019 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. 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 right. Legal heirs have accepted the facts regarding their relationship, inter se.

Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

2 72.TP/5742/2025

Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being Widow 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 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,

21st January 2026 Officer on Special Duty, with the Testamentary Department