Medha Arun Dharap vs Arun Mahadeo Dharap — Succession and Inheritance | Bombay HC (2026)

Medha Arun Dharap vs Arun Mahadeo Dharap — 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 Indian Succession Act, 1925; the petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant the office is 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 Medha Arun Dharap, widow of the deceased Arun Mahadeo Dharap, under the Indian Succession Act, 1925, for the properties left by the deceased and shown in Schedule I of the petition. +1 more

Court's answer

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

Ratio / Principle

As no one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.

Key takeaways

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, having effect throughout the State of Maharashtra, per the provisions of the Indian Succession Act, 1925.ratio¶¶15

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty Shri. P. A. Jagdale), 11th February 2026 — Uncontested testamentary petition 62.TP/5772/2025: Medha Arun Dharap, widow of Arun Mahadeo Dharap (who died a married man on 19-05-2016 at Mumbai leaving legal heirs shown in para 4 and properties in Schedule I of the petition), applied for Letters of Administration under the Indian Succession Act, 1925. After expiry of the 14-day citation period (Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980), Collector's notice (Rule 396), consent affidavit of the legal heir without reserving any right, and filing of the administration bond in Form No. 118 with surety, and with no objector appearing, the court held the on-oath facts unchallenged and allowed the petition, granting Letters of Administration having effect throughout the State of Maharashtra, directing the petitioner to file accounts as undertaken in her Oath and the office to verify absence of any cross-petition or caveat before issuing the grant.

1 62.TP/5772/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 11th February, 2026

FOR COMPLIANCE:

TP/5772/2025 ) Shri. Umeshchandra Tiwari Ld. Advocate for the ) (AMH20230023712C2025000 Petitioner ) 34)

P.C.:

Petitioner, namely Medha Arun Dharap, 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 Arun Mahadeo Dharap (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 19-05-2016 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 heir of the deceased has consented by way of Affidavit to grant the prayer of the petitioner to grant a Letter of Administration, without reserving any right. The legal heir has accepted the facts regarding their relationship, inter se.

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

2 62.TP/5772/2025

Ld. Advocate for the petitioner submitted that in view of provisions of 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.

11th February, 2026 Officer on Special Duty, with the Testamentary Department