Sunanda Bhagwan Kolge vs Bhagwan Sakharam Kolge… — Succession and Inheritance | Bombay HC (2026)

Sunanda Bhagwan Kolge vs Bhagwan Sakharam Kolge… — 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 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 and no caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, Sunanda Bhagwan Kolge, for the properties left by the deceased Bhagwan Sakharam Kolge and shown in Schedule I of the petition, under the Indian Succession Act, 1925. +1 more

Court's answer

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

Ratio / Principle

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; the petitioner, being the widow of the deceased, is entitled to seek Letters of Administration, and the petition deserves to be allowed as prayed for.

Key takeaways

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, as per the provisions of the Indian Succession Act, 1925.ratio¶15

Detailed headnote1 paragraphs

Uncontested testamentary petition – Letters of Administration – Indian Succession Act, 1925 – Sunanda Bhagwan Kolge, widow of Bhagwan Sakharam Kolge (who died married on 09-05-2020 at Ratnagiri), applied for Letters of Administration for the deceased's properties shown in Schedule I. Citation was issued and displayed on the notice boards of the Hon'ble High Court and of the Collector's Office, Mumbai; the 14-day period expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice went to the Collector under Rule 396; delay was explained vide Rule 382. The legal heirs consented by affidavits without reserving any right; an administration bond was filed in prescribed form No. 118 with surety; entitlement was urged under The Hindu Succession Act, 1956 as widow. Held: with no opposition and no reported pending litigation over the same properties, the petition was treated as uncontested and the sworn facts were accepted as unchallenged; petition allowed – Letters of Administration granted having effect throughout the State of Maharashtra; petitioner to file account as undertaken in the oath within the stipulated period, and the office must verify absence of any pending cross-petition or caveat before issuing the grant.

1 79.TP/6043/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 05th February, 2026

FOR COMPLIANCE:

TP/6043/2025 ) Ms. Geeta Chavan Ld. Advocate for the Petitioner ) (AMH20230023673C2025000 ) 04)

P.C.:

Petitioner, namely Sunanda Bhagwan Kolge, 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 Bhagwan Sakharam Kolge(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 09-05-2020 at Ratnagiri 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 79.TP/6043/2025

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.

05th February, 2026 Officer on Special Duty, with the Testamentary Department