Shreya Rajan Khandekar And ANR v. Rajaram Baburao Bhuwad (Deceased)

1 40.TP/5363/2024 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 18th December, 2025 FOR COMPLIANCE:

40. TP/5363/2024 ) ) ) Shri. Vasim Siddqui Ld. Advocate for the Petitioner (AMH20240000157C2024000 07) P.C.:

1) Petitioners, namely (1) SHREYA RAJAN KHANDEKAR and (2) PRANALI MUKUND GONBARE, 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 RAJARAM BABURAO BHUWAD(For short "Said deceased").

2) I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate 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.

3) Said deceased died as a WIDOWER on 11-04-2023 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.

4) 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.

5) Citation issued to the non-consenting legal heir of the deceased, namely Girish Rajaram Bhuwad has been served on 21.12.2024. Legal heir has not contested the petition. Hence, office requisition to justify the surety to the non-consenting legal heirs has been dispensed with vide an order of the Hon'ble Court dated 12.12.2025

2 40.TP/5363/2024 in IA/5197/2025. Hence, petition is taken up for the order.

6) Furthermore, petitioner has filed affidavit cum undertaking affirmed on 17.02.2025 for justifying the surety of non-consenting legal heirs.

7) Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

8) Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being daughters of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioner sand heir 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 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.

2) The petitioners to file an account as undertaken in a Petitioner's Oath within the stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed. 18th December, 2025 Officer on Special Duty, with the Testamentary Department