Sudhir Suresh Mirajgaonkar vs Suresh Baburao… — Succession and Inheritance | Bombay HC (2026)

Sudhir Suresh Mirajgaonkar vs Suresh Baburao… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased Suresh Baburao Mirajgaonkar and shown in the schedule of the petition, in the prescribed format, having effect throughout the State of Maharashtra as per the Indian Succession Act, 1925; subject to the petitioners filing an account as undertaken in their Oath and to office verification, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioners — the son (petitioner No.1) and daughters (Nos. 2 and 3) of the deceased — are entitled to the grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Court's answer

Since no one appeared to resist the petitioners' claim after expiry of the citation period, nor was anything brought to notice regarding pending litigation over the same properties, the petition is treated as an uncontested one.

Ratio / Principle

All the legal heirs of the deceased being petitioners, they are exempted from furnishing the surety Bond.

Key takeaways

Under the Hindu Succession Act, 1956, petitioner No.1 being the son and Nos. 2 and 3 being daughters of the deceased are entitled to seek Letters of Administration; the facts stated by the petitioners on oath remained unchallenged and were required to be accepted.ratio¶¶13
The petition is allowed and Letters of Administration are 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.ratio¶¶15

Detailed headnote1 paragraphs

Uncontested testamentary petition (TP/6712/2025) decided on 26th February, 2026 by Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department. Petitioners Sudhir Suresh Mirajgaonkar (son), Sandhya Pramod Ghodke and Rajashri Shailendra Mane (daughters) applied under the Indian Succession Act, 1925 for Letters of Administration to the properties of Suresh Baburao Mirajgaonkar, who died a widower on 04/10/2020 at Thane. After citation under Rules 397(1) and (4) and notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980 expired without opposition, the petition was treated as uncontested. Relying on the order in TP No. 2918/2023, all-heir petitioners were exempted from the surety Bond; entitlement pleaded via the Hindu Succession Act, 1956. Petition allowed; Letters of Administration granted effective throughout Maharashtra, subject to filing of account and verification of no cross-petition/caveat.

1 69. TP/6712/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 26th February, 2026

FOR COMPLIANCE:

TP/6712/2025 ) Shri. Sanjay Prakash Rathod a/w Ms. Surekha ) (AMH20230047905C2025000 Sharma Ld. Advocate for the Petitioner ) 06)

P.C.:

Petitioners, namely 1. Sudhir Suresh Mirajgaonkar 2. Sandhya Pramod Ghodke & 3. Rajashri Shailendra Mane, 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 Suresh Baburao Mirajgaonkar(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 Widower on 04/10/2020 at Thane 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. 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 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 petitioners submitted that in view of provisions of The

2 69. TP/6712/2025

Hindu Succession Act, 1956, the petitioners No.1 being son and No. 2 and 3 being daughters 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,

26th February, 2026 Officer on Special Duty, with the Testamentary Department