Varsha Gajanan Rane and others vs Gajanan Vishram… — Succession and Inheritance | Bombay HC (2026)

Varsha Gajanan Rane and others vs Gajanan Vishram… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners (Varsha, Dilip and Dinesh Gajanan Rane) for the properties left by the deceased and shown in Schedule I, in the prescribed format, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925; conditional on the petitioners filing the account undertaken in the Petitioner's Oath within the stipulated period and on office verification, before issuance of the grant, that no cross-petition is pending and no caveat resists the petition.

Issue for consideration

Whether the petitioners — the daughter (petitioner No. 1) and the sons (petitioners Nos. 2 and 3) of the deceased Gajanan Vishram Rane alias G. V. Rane — are entitled to obtain Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Court's answer

The facts stated by the petitioners on oath had remained unchallenged and were therefore required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Ratio / Principle

Petition allowed: Letters of Administration to be granted to the petitioners 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.

Key takeaways

Since all the legal heirs of the deceased are themselves the petitioners (in view of the Order passed in TP No. 2918/2023), they were exempted from furnishing the surety bond.ratio¶10
The petitioners are 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 no cross-petition is pending and that no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Uncontested testamentary petition 71.TP/6575/2025 (Bombay High Court, Testamentary Department; Shri P. A. Jagdale, Officer on Special Duty; 23-02-2026): Varsha Gajanan Rane, Dilip Gajanan Rane and Dinesh Gajanan Rane — the daughter (petitioner No. 1) and sons (petitioners Nos. 2 and 3) of the deceased Gajanan Vishram Rane alias G. V. Rane, who died a widower on 08-09-2025 at Mumbai — applied under the Indian Succession Act, 1925 for Letters of Administration to the properties shown in Schedule I of the petition. After citation affixed on the High Court and Collector's Office notice boards (Rule 397(1) and (4)) and notice to the Collector (Rule 396) under the Bombay High Court (O.S.) Rules, 1980 drew no objection and no report of pending litigation, the sworn facts were accepted as unchallenged; as all legal heirs are petitioners (in view of the Order in TP No. 2918/2023) they were exempted from the surety bond. The position, resting on the Hindu Succession Act, 1956, that the daughter and sons are entitled to administer the estate was accepted, and the petition was allowed: Letters of Administration granted with effect throughout Maharashtra, subject to filing the account per the Petitioner's Oath and office verification, before issuance, that no cross-petition or caveat subsists.

1 71.TP/6575/2025

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

FOR COMPLIANCE:

TP/6575/2025 ) Ms. Sharvari Nagvekar Ld. Advocate for the ) (AMH20240131957C2025000 Petitioner ) 46)

P.C.:

Petitioners, namely (1) Varsha Gajanan Rane and (2) Dilip Gajanan Rane and (3) Dinesh Gajanan Rane, have 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 Gajanan Vishram Rane alias G. V. Rane(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate/s of the deceased, an affidavit with document to dispense with the requisition of an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widower on 08-09-2025 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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.

In view of the Order, passed in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the surety Bond.

Ld. Advocate for the petitioner/s submitted that in view of provisions ofThe

2 71.TP/6575/2025

Hindu Succession Act, 1956, the petitioners No. 1 being daughter and No. 2 and 3 being sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, 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 petitioners 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 petitioners 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