Laxmikant Vasantrao Panandikar vs Raghavendra… — Succession and Inheritance | Bombay HC (2026)

Laxmikant Vasantrao Panandikar vs Raghavendra… — 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 (Schedule I of the petition), in the prescribed format, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; subject to (i) the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and (ii) office verification before issuance of the grant 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 under the Indian Succession Act, 1925 in respect of the properties left by the deceased. +1 more

Court's answer

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

Ratio / Principle

The legal heirs of the deceased consented by affidavits to the grant of Letters of Administration to the petitioner without reserving any right, and accepted their inter se relationship.

Key takeaways

The facts stated on oath by the petitioner and the heirs of the deceased remained unchallenged and were therefore required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶P.C. para 7
The petition was allowed and Letters of Administration were 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.ratio¶Order para 1

Detailed headnote1 paragraphs

Uncontested testamentary petition — Letters of Administration under the Indian Succession Act, 1925 granted to the petitioner, brother of Raghavendra Vasantrao Panandikar alias Raghvendra Vasantrao Panandikar, a bachelor who died on 22-04-2020 at Mumbai, for the properties shown in Schedule I. Citation issued and affixed per Rules 397(1) and (4) and Rule 396 of the Bombay High Court (O.S.) Rules, 1980 with notice to the Collector; delay explained vide Rule 382; administration bond in prescribed Form No. 118 filed with surety. All legal heirs consented by affidavit without reserving any right. The sworn facts remaining unchallenged, and on the footing of the petitioner's position as brother under the Hindu Succession Act, 1956, the petition was allowed; the grant has effect throughout Maharashtra, subject to filing of accounts as undertaken in the oath and to office verification, before issuance of the grant, that no cross-petition or caveat is pending.

1 57.TP/5895/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 29th January 2026

FOR COMPLIANCE:

TP/5895/2025 ) Ms. Swati Mathkar Ld. Advocate for the Petitioner ) (AMH20240128768C2025000 ) 41)

P.C.:

Petitioner, namely Laxmikant Vasantrao Panandikar, 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 Raghavendra Vasantrao Panandikar alias Raghvendra Vasantrao Panandikar,(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 Bachelor on 22-04-2020 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

2 57.TP/5895/2025

surety.

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

29th January 2026

Officer on Special Duty, with the Testamentary Department