Santosh Bapu Pawar And ORS v. Yashoda Bapu Pawar

1 73.TP/3449/2025 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 23rd September, 2025 FOR COMPLIANCE:

73. TP/3449/2025 P.

C. :

Ms. Pinki Chavan i/by Vaibhav Patankar, Advocate for the Petitioner AMH20230028671 C202500002

1) This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short "IS Act") for the properties left by the deceased, namely Yashoda Bapu Pawar (For short "Said deceased"). The petitioners, namely (1) Santosh Bapu Pawar (2) Sachin Bapu Pawar (3) Samir Bapu Pawar & (4) Vishakha Vishwas Chawan, have filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Widow on 21/08/2023 at Mumbai leaving behind her 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. Deceased left properties shown in the schedule-I of the petition.

4) Citation was issued, which has been duly 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") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

2 73.TP/3449/2025 treated as uncontested one.

5) Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

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

7) Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner Nos. 1 to 3 being sons and No. 4 being daughter of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners and heir of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, 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 prescribed format as per the provisions of the Indian Succession Act, 1925.

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

3) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

23rd September, 2025 Officer on Special Duty, with Testamentary Department