Bombay High CourtTP/5676/2025grant issued

Darshana Manish Vasa v. Mrudula Chhotalal Vasa Deceased

2026-01-20Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

1 54.TP/5676/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 20th January 2026 FOR COMPLIANCE:

54. TP/5676/2025 ) ) ) Shri. Ramesh Gupta Ld. Advocate for the Petitioner (AMH20230021952C2025000 28) P.C.:

1) Petitioner, namely DARSHANA MANISH VASA, 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 (1) MRUDULA CHHOTALAL VASA, (2) LATE MANISH CHHOTALAL VASA(For short "Said deceased").

2) I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificates of both the deceased, an identity proofs of both the deceased, an oath in the prescribed format, affidavit of service citation.

3) Said deceased No. 1 died as a widow on 23.12.2024 at Mumbai and deceased no. 2 died as a married on 01.12.2024 at Mumbai leaving behind them legal heir/s, 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.

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) In view of the order passed by the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.

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

2 54.TP/5676/2025 Hindu Succession Act, 1956, the petitioner, being Daughter in law of the deceased No. 1 and Widow of the deceased No.2 of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, 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. 20th January 2026 Officer on Special Duty, with the Testamentary Department