Roshan Lavu Gurav vs Late Jagannath Gopal Gurav… — Succession and Inheritance | Bombay HC (2026)

Roshan Lavu Gurav vs Late Jagannath Gopal Gurav… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Roshan Lavu Gurav for the properties left by the deceased Jagannath Gopal Gurav alias J. G. Gurav shown in the Schedule, effective throughout the State of Maharashtra per the Indian Succession Act, 1925, subject to office verification of no pending cross-petition or caveat and the petitioner filing an account as per the Oath.

Issue for consideration

Whether the petition for grant of Letters of Administration to Roshan Lavu Gurav for the properties left by the deceased Jagannath Gopal Gurav alias J. G. Gurav deserves to be allowed as prayed for. +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 is treated as an uncontested one.

Ratio / Principle

Facts stated by the petitioner and heirs of the deceased on oath remained unchallenged and were required to be accepted.

Key takeaways

The petition deserves to be allowed, as prayed for.ratio¶13
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, in the prescribed format, with effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶15
The petitioner is directed to file an account, as undertaken in the Petitioner's Oath, within the stipulated period.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), Order dated 30th January 2026 in 68.TP/5912/2025 — Uncontested petition of Roshan Lavu Gurav, grandson of the deceased Jagannath Gopal Gurav alias J. G. Gurav (died 09-08-1983 at Kharepatan, Kankavali), for Letters of Administration under the Indian Succession Act, 1925 for the deceased's properties in Schedule I, ALLOWED. Citation expired after 14 days per Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; Collector notified vide Rule 396; legal heirs consented by affidavits without reserving rights; administration Bond filed in Form No. 118 with surety; delay explained vide Rule 382 of the Rules. Entitlement argued per the Hindu Succession Act, 1956. Grant made throughout the State of Maharashtra, conditional on office verifying absence of cross-petition/caveat and the petitioner filing an account per the Oath.

1 68.TP/5912/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 30th January 2026

FOR COMPLIANCE:

TP/5912/2025 ) Ms. Smita Chavan Ld. Advocate for the Petitioner ) (AMH20230041839C2025000 ) 01)

P.C.:

Petitioner, namely Roshan Lavu Gurav, 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 Jagannath Gopal Gurav alias J. G. Gurav,(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 affidavit with document to dispense with the requisition of an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Married on 09-08-1983 at Kharepatan, Kankavali, 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. 6) Petitioner has filed the administration Bond in the prescribed form No. 118 with

2 68.TP/5912/2025

surety.

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

30th January 2026 Officer on Special Duty, with the Testamentary Department