Mandar Madhusudan Godbole v. Madhusudan Krushn Godbole

1 73.TP/5825/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 27th January 2026 FOR COMPLIANCE:

73. TP/5825/2025 ) ) ) Shri. Pranil Pawar i/b Rahul Singh Ld.

Advocate for the Petitioner (AMH20240129060C20250 0022) P.C.:

1) Petitioners, namely (1) Mandar Madhusudan Godbole & (2) Shyamla Madhav Godbole, 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 (1) Madhusudan Krushn Godbole, and (2) Kalindi Madhusudan Godbole(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 widower on 05.10.2021 at Badlapur and deceased No. 2 died as a married on 09.01.2013 at Badlapur, dist. Thane leaving behind them legal heirs, shown in the paragraph No. 5 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. The delay has been explained vide Rule 382 of the Rules.

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) 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

2 73.TP/5825/2025 right. Legal heirs have 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 The Hindu Succession Act, 1956, the petitioner No. 1 being son and No. 2 being daughter-In-Law of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners 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 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. 27th January 2026 Officer on Special Duty, with the Testamentary Department