Sandeep Ramesh Gujar vs Ramesh Krishna Gujar alias… — Succession and Inheritance | Bombay HC (2026)

Sandeep Ramesh Gujar vs Ramesh Krishna Gujar alias… — 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, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.

Issue for consideration

Whether the petitioner, being the son of the deceased, is entitled to be granted Letters of Administration under the provisions of the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

The petition deserves to be allowed, as prayed for.

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

Letters of Administration shall be granted to the petitioner for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶14
The petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶15
Before issuance of the grant, the office is to verify that no cross-petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Uncontested testamentary petition (60.TP/6331/2025, Bombay High Court, decided 27th February, 2026 by Shri P. A. Jagdale, Officer on Special Duty with the Testamentary Department): Sandeep Ramesh Gujar, son of the deceased Ramesh Krishna Gujar alias Ramesh K. Gujar alias R. K. Gujar (who died on 12-06-2013 at Mumbai), applied for Letters of Administration under the Indian Succession Act, 1925. Citation was displayed on the High Court and Collector's Office notice boards for over 14 days (Rules 396 and 397(1) and (4), Bombay High Court (O.S.) Rules, 1980) with no objection; delay explained vide Rule 382; all legal heirs consented by affidavit without reserving any right; administration bond in prescribed Form No. 118 filed with surety. Entitlement asserted under The Hindu Succession Act, 1956 as son of the deceased. Petition allowed; grant effective throughout the State of Maharashtra, conditional on office verification of no caveat or cross-petition and the petitioner filing accounts as undertaken in his oath.

1 60.TP/6331/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 27th February, 2026

FOR COMPLIANCE:

TP/6331/2025 ) Shri. M. R. Sherekar Ld. Advocate for the Petitioner ) (AMH20230048385C202500020 ) )

P.C.:

Petitioner, namely Sandeep Ramesh Gujar, 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 Ramesh Krishna Gujar alias Ramesh K. Gujar, alias R. K. Gujar(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 12-06-2013 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. 6) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

2 60.TP/6331/2025

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

27th February, 2026 Officer on Special Duty, with the Testamentary Department