Sandeep Vasant Padyar vs Vandana Vasant Padyar… — Succession and Inheritance | Bombay HC (2026)

Sandeep Vasant Padyar vs Vandana Vasant Padyar… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner (son of the deceased) for the properties left by the deceased and shown in the schedule, effective throughout the State of Maharashtra under the Indian Succession Act, 1925, subject to: (i) the petitioner filing the account as undertaken in the Petitioner's Oath within the stipulated period; and (ii) office verification, before issuance of the grant, that no cross-petition is pending and no caveat resists the petition.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, son of the deceased Vandana Vasant Padyar, for the properties left by the deceased, under the provisions of the Indian Succession Act, 1925 (uncontested prayer).

Court's answer

No one having appeared to resist the petitioner's claim and nothing having been brought to the Court's notice regarding pending litigation concerning the same properties, the petition was treated as an uncontested one.

Ratio / Principle

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were held to require acceptance.

Key takeaways

It was concluded that the petition deserved to be allowed as prayed for.ratio¶7
Letters of Administration were 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¶Order 1

Detailed headnote1 paragraphs

Uncontested grant of Letters of Administration (Indian Succession Act, 1925; Hindu Succession Act, 1956 urged by counsel). Sandeep Vasant Padyar, son of Vandana Vasant Padyar, who died as a widow on 19-11-2022 at Mumbai leaving the legal heirs listed in paragraph 4 of the petition, applied for Letters of Administration for the properties shown in Schedule I. Citation was affixed on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396; no one resisted the claim and no pending litigation over the properties was notified, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed an administration bond in prescribed Form No. 118 with surety. On counsel submitting that the petitioner, being the deceased's son, is entitled to seek Letters of Administration under the Hindu Succession Act, 1956, and the sworn facts remaining unchallenged and requiring acceptance, the Officer on Special Duty (Shri P. A. Jagdale) allowed the petition and granted Letters of Administration having effect throughout Maharashtra, directing the petitioner to file his account as sworn within the stipulated period and the office to verify, before issuance of the grant, that no cross-petition is pending and no caveat has been filed.

1 70.TP/6721/2025

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

FOR COMPLIANCE:

TP/6721/2025 ) Shri. Ashish Dalvi Ld. Advocate for the Petitioner ) (AMH20230037041C2025000 ) 28)

P.C.:

Petitioner, namely Sandeep Vasant Padyar, 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 Vandana Vasant Padyar(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 Widow on 19-11-2022 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.

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

2 70.TP/6721/2025

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

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