Vasudha Nandkumar Karekar vs Vijay Shankar Moghe — Succession and Inheritance | Bombay HC (2026)

Vasudha Nandkumar Karekar vs Vijay Shankar Moghe — 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 Schedule I, in the prescribed format, with effect throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant the office to verify 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 Vasudha Nandkumar Karekar for the properties left by the deceased Vijay Shankar Moghe and Indrayani Vijay Moghe, under the Indian Succession Act, 1925. +1 more

Court's answer

As nobody appeared in response to the citation and nothing was brought to notice regarding pending litigation over the same properties, the petition was treated as an uncontested petition.

Ratio / Principle

In view of the earlier orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole Class-I heir of the deceased, was exempted from furnishing the administrative bond.

Key takeaways

The court accepted that, under the Hindu Succession Act, 1956, the petitioner being the daughter of the deceased is entitled to seek Letters of Administration; since the facts stated by the petitioner on oath had remained unchallenged, they were required to be accepted and the petition deserved to be allowed as prayed for.ratio¶13
Letters of Administration were ordered to be 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.ratio¶15

Detailed headnote1 paragraphs

Testamentary petition (59.TP/6532/2025) before the Bombay High Court's Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), order dated 23rd February, 2026. Petitioner Vasudha Nandkumar Karekar sought Letters of Administration under the Indian Succession Act, 1925 for the properties of the deceased Vijay Shankar Moghe (died 25.05.2020) and Indrayani Vijay Moghe (died 08.05.2021), both at Dombivli, Dist. Thane. After citation under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 expired with nobody contesting and no pending litigation reported, the petition was treated as uncontested. Relying on earlier orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner — the deceased's daughter and sole Class-I heir — was exempted from furnishing the administrative bond. With the sworn facts unchallenged and entitlement invoked under the Hindu Succession Act, 1956, Letters of Administration were granted with effect throughout Maharashtra, subject to the petitioner filing the account undertaken in her oath and to office verification, before issuance of the grant, that no cross-petition or caveat exists.

1 59.TP/6532/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 23rd February, 2026

FOR COMPLIANCE:

TP/6532/2025 ) Shri. Sanjay Patankar Ld. Advocate for the ) (AMH20230060049C2025000 Petitioner ) 02)

P.C.:

Petitioner, namely Vasudha Nandkumar Karekar, 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 (1) Vijay Shankar Moghe & (2) Indrayani Vijay Moghe(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificates of both the deceased, an identity proofs of both the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased No. 1 died as a married on 25.05.2020 at Dombivli, Dist. Thane and deceased No. 2 died as widow on 08.05.2021 at Dombivli, Dist. Thane leaving behind them legal heirs, shown in the paragraph No. 5 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.

In view of the order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of The Hindu

2 59.TP/6532/2025

Succession Act, 1956, the petitioners, being daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, 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,

23rd February, 2026 Officer on Special Duty, with the Testamentary Department