Vijay Vamanrao Jayakar v. Sushila Vaman Jayakar Alias Sushila Waman Jaikar Alias Sushilabai Waman Jaykar

1 88.TP/5393/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 07th January 2026 FOR COMPLIANCE:

88. TP/5393/2025 ) ) ) Shri. Madhukar Jadhav i/b S C Legal Ld. Advocate for the Petitioner (AMH20240129547C2025000 09) P.C.:

1) Petitioner, namely Vijay Vamanrao Jayakar, 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 Sushila Vaman Jayakar alias Sushila Waman Jaikar alias Sushilabai Waman Jaykar(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 identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Widow on 24-04-2002 at Pune 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. The delay has been explained vide Rule 382 of the Rules. Ld. Advocate for the petitioner moved a praecipe and seeks permission to amend the petition, in terms of the Draft amendment, annexed to the said praecipe, dated 07.01.2026. Proposed amendment is appeared to be relevant as stated in the praecipe. Hence, submission is accepted. Petitioner to carry out an amendment withing period of 03 weeks from the date of uploading this order, if the petition is pending. Consequential amendment, if any, stands allowed. Furthermore, in case of online petition, the petitioner to upload the amended petition, within period of 05 days from the date of amendment. Reverification is dispensed with.

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

2 88.TP/5393/2025 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) 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.

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

7) Ld. Advocate for the petitioner submitted that in view of provisions of the 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.

2) The petitioner 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.

4) Petitioner to correct the petition number on administration bond and re-upload the same. Furthermore, corrections must be initialed by the petitioner, surety and notary.

07th January 2026 Officer on Special Duty, with the Testamentary Department