Vandana Ajay Kakar vs Sarojni Devi Bhardwaj — Succession and Inheritance | Bombay HC (2026)

Vandana Ajay Kakar vs Sarojni Devi Bhardwaj — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner, Vandana Ajay Kakar, for the properties left by the deceased Saroji Devi Bhardwaj and shown in Schedule I of the petition, in the prescribed format, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and to office verification, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being a daughter of the deceased, is entitled to be granted Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925 (with entitlement urged via the Hindu Succession Act, 1956). +1 more

Court's answer

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 / Principle

Facts stated on oath by the petitioner and the heirs of the deceased remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Key takeaways

As nobody appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.ratio¶9
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office is to verify that there is no cross-petition pending and no caveat resisting the petition has been filed.ratio

Detailed headnote1 paragraphs

Uncontested testamentary petition under the Indian Succession Act, 1925: the Officer on Special Duty with the Testamentary Department allowed the petition of Vandana Ajay Kakar and granted Letters of Administration for the properties left by the deceased Saroji Devi Bhardwaj (aliases Sarojini/Sarojni Bhardwaj and Sarojini/Sarojni Om Prakash Bhardwaj), who died married on 28-05-2022 at Mumbai, the grant to have effect throughout the State of Maharashtra. Entitlement was pressed on the footing that the petitioner, being the daughter of the deceased, is entitled under the Hindu Succession Act, 1956. Citation stood affixed until expiry of 14 days (Rule 397(1) and (4)) with notice to the Collector (Rule 396) under the Bombay High Court (O.S.) Rules, 1980; nobody appeared to resist the claim and no pending litigation concerning the properties was reported; the legal heirs consented by affidavits without reserving any right; an administration bond in prescribed Form No. 118 with surety was filed. Order: petition allowed; petitioner to file an account as undertaken in her 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 is filed.

1 59.TP/6538/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 18th March, 2026

FOR COMPLIANCE:

TP/6538/2025 ) Ms. Sneha Agicha a/w Ms. Disha Khatanhar i/b ) (AMH20240128631C20250 D M Harish & Co. Ld. Advocate for the ) 0025) Petitioner

P.C.:

Petitioner, namely VANDANA AJAY KAKAR, 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 SAROJNI DEVI BHARDWAJ, alias Sarojini Devi Bhardwaj alias Sarojni Bhardwaj, alias Sarojini Bhardwaj, alias Sarojni Om Prakash Bhardwaj, alias Sarojini Om Prakash Bhardwaj. (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 28-05-2022 at Mumbai 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.

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.

2 59.TP/6538/2025

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

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

18th March, 2026 Officer on Special Duty, with the Testamentary Department