Pushpa Rajgopal vs Arun Rajgopal Kaushik — Succession and Inheritance | Bombay HC (2026)

Pushpa Rajgopal vs Arun Rajgopal Kaushik — 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 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 or caveat resisting the petition is filed.

Issue for consideration

Whether Pushpa Rajgopal, mother of the deceased Arun Rajgopal Kaushik, is entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +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

The petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond, in view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.ratio¶13
Since no one appeared to resist the claim and nothing was brought to notice regarding pending litigation over the same properties, the petition was treated as an uncontested one.ratio¶9

Detailed headnote1 paragraphs

Testamentary jurisdiction (Testamentary Department): Pushpa Rajgopal, mother of the deceased Arun Rajgopal Kaushik, petitioned under the Indian Succession Act, 1925 for Letters of Administration to the properties left by the deceased, who died unmarried on 02-01-2018 at Mumbai. Citation was published and notice issued to the Collector under the Bombay High Court (O.S.) Rules, 1980; no one appeared to resist the claim and the petition was treated as uncontested. Following the Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, as sole class-I heir, was exempted from furnishing the administrative bond; counsel invoked the Hindu Succession Act, 1956 to urge the mother's entitlement. Petition allowed; Letters of Administration granted with effect throughout the State of Maharashtra, subject to the petitioner filing the account as undertaken in her oath and to office verification, before issuance of the grant, that no cross-petition is pending or caveat filed.

1 60.TP/6573/2025

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

FOR COMPLIANCE:

TP/6573/2025 ) Shri. Saurabh Rajeshrike i/b Sandesh Daptare ) (AMH20230032031C20250 Ld. Advocate for the Petitioner ) 0003)

P.C.:

Petitioners, namely Pushpa Rajgopal, 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 ARUN RAJGOPAL KAUSHIK(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 unmarried on 02-01-2018 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.

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 Succession Act, 1956, the petitioner, being Mother of the deceased, is entitled to

2 60.TP/6573/2025

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.

18th March, 2026

Officer on Special Duty,