Subhas Shantwan Mahade vs Shahani Shantwan Mahade — Succession and Inheritance | Bombay HC (2026)

Subhas Shantwan Mahade vs Shahani Shantwan Mahade — 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 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 or caveat resisting the petition is filed.

Issue for consideration

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

Court's answer

No one had appeared to resist the petitioner's claim, nor had anything been brought to the notice regarding pending litigation about the same properties.

Ratio / Principle

Accordingly, the petition was treated as an uncontested one.

Key takeaways

In view of the provisions of the Indian Succession Act, 1925, the petitioner, being the son of the deceased, is entitled to seek Letters of Administration.ratio¶14
The facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶14

Detailed headnote1 paragraphs

Uncontested testamentary petition: Subhas Shantwan Mahade, son of the deceased Shahani Shantwan Mahade (who died as a widow on 13-01-2010 at Nashik), sought Letters of Administration under the Indian Succession Act, 1925 for the estate properties listed in Schedule I. Citation was published on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai (Rules 396 and 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); no objection or pending litigation concerning the properties was reported; the sole legal heir consented by affidavit without reserving any right; and an administration bond in prescribed Form No. 118 with surety was filed. Holding the facts sworn on oath unchallenged, the Officer on Special Duty (Testamentary Department) 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 the oath and requiring the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 81.TP/6425/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 17th February, 2026

FOR COMPLIANCE:

81.TP/6425/2025 ) ) [Original] ) Ms. Kalyani Kotak, Ld. Advocate for the Petitioner. (AMH20230020270C20250 ) 0006) )

P.C.:

Petitioner, namely Subhas Shantwan Mahade, 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 Shahani Shantwan Mahade,(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 Widow on 13-01-2010 at Nashik, leaving behind her 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 heir of the deceased has consented by way of Affidavit to grant the prayer of the petitioner to grant a Letter of Administration, without reserving any right. The legal heir has accepted the facts regarding their relationship, inter se.

Petitioner has filed the administration Bond in the prescribed form No. 118 with

2 81.TP/6425/2025

surety.

Ld. Advocate for the petitioner submitted that in view of provisions of Indian Succession Act, 1925, the petitioner, being being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heir 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 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.

17th February, 2026

Officer on Special Duty, with the Testamentary Department