IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISC. PETITION (L) NO. 16221 OF 2025

IN

TESTAMENTARY PETITION NO. 156 OF 2019

Dasharath Bapu Chavan ... Petitioner.

Versus

Shrikant Atmaram Monde ... Respondent.

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Mr Uttam S. Rane a/w. Ms Bhakti Rane for the Petitioner.

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Coram : Sharmila U. Deshmukh, J.

Date : December 11, 2025

P.C. :

1. Miscellaneous Petition has been preferred seeking revocation of grant of letters of administration in favour of the Respondent who was the original Petitioner in Testamentary Petition No.156 of 2019. By order of 19^th November, 2025, this Court had directed notice to be issued to the Respondent and in addition private service was permitted. On 3^rd December, 2025, this Court noted that the service is effected on the Respondent on 29th November, 2025 and as none had appeared on behalf of the Respondent, in order to afford an opportunity of hearing to the Respondent, the matter was scheduled

to be listed today.

2. None appears on behalf of the Respondent. Learned counsel for

the Petitioner has tendered the affidavit of service evidencing the service of private notice upon the Respondent.

3. The Petition seeks revocation of the grant of letters of administration to the Respondent which was granted on 19^th July, 2019 in respect of the estate of the deceased Bapu Shankar Chavan.

4. The case of the Petitioner in the revocation petition is that the Respondent applied for letters of administration claiming to be the nephew of the deceased. It is stated that the letters of administration has been obtained by making fraudulent statement that the deceased died issue-less and had only one sister and no brothers and that the deceased sister had only two sons and no daughters. It is stated that the deceased had expired on 26^th July, 1984 and at the time of his death had left him surviving his wife, four sons and five daughters. It is stated that the widow expired on 23^rd November, 2018 and one son expired on 17^th February, 2021. It is stated that the deceased was a tenant in respect of Room No.103, situated at Goregaon which forms the schedule of assets for the purpose of grant of letters of administration.

5. Learned counsel for the Petitioner submits that the Petitioner herein applied for letters of administration which came to be allowed and the grant was issued to the Petitioner with the condition that before issuance of the grant, the office was directed to verify that there is no cross petition pending or caveat resisting the petition. He submits that the said order was passed on 4^th December, 2023 and the Petitioner became aware of the grant being issued to the Respondent at that point of time, resulting in the present petition being filed for revocation of caveat. He would point out to the Aadhar cards as well as the Pan Cards which are annexed from pages 36 to 45 to show the legal heirs of the deceased as stated in paragraph 3.4 of the petition. He submits that the Respondent is a total stranger and has obtained the letters of administration by fraud and based on the grant obtained, the Respondent is residing in the tenanted premises. He would further submit that in the petition the Respondent has made a false statement that one Shakuntala Bapu Chavan is the wife of the deceased whereas the Petitioner’s mother’s name is Lilavati Bapu Chavan and points out to the death certificate of Lilavati Bapu Chavan and the name of the husband shown as Bapu Shankar Chavan. He submits that as the grant has been obtained by fraud and misleading the Court, the same be revoked.

6. I have considered the submissions and perused the record.

7. The application has been filed under Section 263 of the Indian Succession Act, 1925 seeking revocation of the grant of letters of administration. Section 263 of the Indian Succession Act, 1925, provides for revocation or annulment for just cause and the explanation provides that the just cause shall be deemed to exist where the grant was obtained fraudulently