Rajshree Mohan Bhosle vs Mrs Shantabai Vishnu… — Succession and Inheritance | Bombay HC (2026)

Rajshree Mohan Bhosle vs Mrs Shantabai Vishnu… — 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 Shantabai Vishnu Bhosale 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; subject to the petitioner filing an account as per her oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

Issue for consideration

Whether the petitioner, Rajshri Bhosle (widow of Mohan Vishnu Bhosale and stated to be the daughter-in-law of the deceased Shantabai Vishnu Bhosale), is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule I of the petition.

Court's answer

As nobody appeared to resist the claim and nothing was brought to the court's notice regarding pending litigation about the same properties, the petition was treated 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.

Key takeaways

The petition deserved to be allowed as prayed for.ratio¶13
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 as per the provisions of the Indian Succession Act, 1925.ratio¶15
The petitioner was directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio

Detailed headnote1 paragraphs

Testamentary jurisdiction (Testamentary Department, decision dated 05th February, 2026, by Shri. P. A. Jagdale, Officer on Special Duty): Rajshri Bhosle, widow of Mohan Vishnu Bhosale and stated to be the daughter-in-law of the deceased Shantabai Vishnu Bhosale (who died a widow at Mumbai on 19-10-1996), applied under the Indian Succession Act, 1925 for Letters of Administration to the properties left by the deceased and shown in Schedule I of the petition. Citation was issued to all concerned and affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice to the Collector was issued under Rule 396; the delay was explained vide Rule 382 of the Rules. No one contested the claim and no pending litigation concerning the properties was brought to notice, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed an Administration Bond in prescribed Form No. 118 with surety. Learned counsel submitted that, in view of the Hindu Succession Act, 1956, the petitioner as daughter-in-law of the deceased was entitled to seek Letters of Administration. Holding that the facts stated on oath by the petitioner and the heirs remained unchallenged and required to be accepted, the court allowed the petition and granted Letters of Administration having effect throughout the State of Maharashtra, directing the petitioner to file an account as undertaken in her oath within the stipulated period, and the office to verify, before issuance of the grant, that no cross-petition or caveat resisting the petition was filed.

1 85.TP/6055/2025

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

FOR COMPLIANCE:

TP/6055/2025 ) Ms. Ruchi Ramesh Mathur i/b Manjo Jaiswal & ) (AMH20250014095C2025000 Associates Ld. Advocate for the Petitioner ) 01)

P.C.:

Petitioner, namely Rajshri Bhosle, widow of Mohan Vishnu Bhosale, 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 Shantabai Vishnu Bhosale,(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 Widow on 19-10-1996 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 10 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 85.TP/6055/2025

surety.

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