Irfan Iqbal Rangwalla vs Iqbal Abdeally Rangwalla… — Succession and Inheritance | Bombay HC (2025)

Irfan Iqbal Rangwalla vs Iqbal Abdeally Rangwalla… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

Issue for consideration

Whether Letters of Administration for the properties left by the deceased (Schedule-I) should be granted to the petitioner under the Indian Succession Act, 1925. +1 more

Court's answer

As no one appeared to resist the petitioner's claim and nothing was brought to the court's notice regarding pending litigation concerning the same properties during the citation process, the petition was treated as uncontested.

Ratio / Principle

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Key takeaways

Petition allowed: Letters of Administration to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format under the Indian Succession Act, 1925.ratio¶15
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office is to verify that no cross petition is pending and that no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Testamentary Petition No. 20.TP/1072/2025, decided 04th July 2025 before Shri P. A. Jagdale, Officer on Special Duty, with the Testamentary Department (Bombay High Court). Petitioner Irfan Igbal Rangwalla, son of the deceased, sought Letters of Administration under the Indian Succession Act, 1925 for the properties left by Igbal Abdeally Rangwalla alias Igbal A. Rangwalla alias I. A. Rangwalla alias Igbal A. Rangwala, who died on 29-10-2024 at Mumbai leaving the legal heirs shown in paragraph 4 of the petition. Citation was affixed on the High Court and Collector's Office notice boards and the 14-day period expired under Rules 397(1) and (4), with notice to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one resisted the claim and no pending litigation concerning the same properties surfaced, so the petition was treated as uncontested. A legal heir consented by affidavit without reserving any right, and the administration bond in Form No. 118 with surety was filed. Entitlement of the petitioner as son was pressed under the Muslim Personal Law (Shariat) Application Act, 1937. The sworn facts having gone unchallenged, the court held the petition deserved to be allowed and allowed it; the grant was made subject to the office verifying that no cross petition or caveat is pending and to the petitioner filing his account as undertaken in the Oath.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 04th July 2025

FOR COMPLIANCE:

TP/1072/2025 P. C. Ms. Raksha Tanna Ld. Advocate for the Petitioner : (AMH20240129047 C202500005)

This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Igbal Abdeally Rangwalla alias Mr. Igbal A. Rangwalla alias Igbal A. Rangwalla alias Shri. I. A. Rangwalla alias Igbal A. Rangwala, (For short “Said deceased”). The petitioner, namely Irfan Igbal Rangwalla, has filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a married on 29-10-2024 at Mumbai leaving behind him 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. Deceased left properties shown in the schedule-I of the petition.

Citation was issued, which has been duly 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”) and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is

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treated as uncontested one.

Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

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

Ld. Advocate for the petitioner submitted that in view of provisions of the Muslim Personal Law (Shariat) Application Act, 1937 (Act 26 of 1937), the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, 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 prescribed format as per the provisions of the Indian Succession Act, 1925.

1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

1. Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

04th July 2025 Officer on Special Duty, with Testamentary Department