Ramji Valji Badga v. Hirbai Alias Hirbai Valji Badga

1 63.TP/6002/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 11th February, 2026 FOR COMPLIANCE:

63. TP/6002/2025 ) ) ) Shri. Shailesh Pal Ld. Advocate for the Petitioner (AMH20240001235C2025000 07) P.C.:

1) Petitioner, namely Ramji Valji Badga, 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) Hirbai alias Hirbai Valji Badga & (2) Valji Viram Badga alias Walaji Viram Badaga alias Valji Virambhai Badga (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 28.01.2024 at Gujarat and deceased no. 2 died as a married on 29.12.2005 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 6 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.

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 right. Legal heirs have accepted the facts regarding their relationship, inter se.

2 63.TP/6002/2025

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 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. 11th February, 2026 Officer on Special Duty, with the Testamentary Department