Arpana John Hanchinmani vs John Nagappa… — Succession and Inheritance | Bombay HC (2025)

Arpana John Hanchinmani vs John Nagappa… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner, Arpana John Hanchinmani, for the properties left by the deceased John Nagappa Hanchinmani and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925, subject to filing of account as undertaken in the Petitioner's Oath and office verification that no cross petition or caveat is pending.

Issue for consideration

Whether the petitioner, being the daughter of the deceased John Nagappa Hanchinmani, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased.

Court's answer

Petition allowed; 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.

Ratio / Principle

The facts stated by the petitioner and the heir of the deceased, on oath, remained unchallenged and were required to be accepted.

Key takeaways

Finding of fact: the legal heir of the deceased consented by way of affidavit to the grant of Letters of Administration prayed for by the petitioner, without reserving any right.ratio¶5
Direction: the petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶Order-2
Condition precedent to issuance of the grant: the office to verify that no cross petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Testamentary Petition (53.TP/1193/2025), Bombay High Court, decided 26th August, 2025 by Shri. P. A. Jagdale, Officer on Special Duty, with Testamentary Department. Petition by Arpana John Hanchinmani, daughter of the deceased John Nagappa Hanchinmani (who died on 25-09-2023 at Mumbai), for grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties shown in Schedule-I of the petition. Citation was duly affixed on the Notice Board of the Hon'ble High Court and the Collector's Office at Mumbai, 14 days having expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector vide Rule 396 of BHC Rules. No one appeared to resist the claim; the legal heir consented by affidavit without reserving any right; the administration bond in prescribed form No. 118 was filed with surety. The petition, being uncontested, was allowed and Letters of Administration were granted, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and office verification, before issuance of the grant, that no cross petition is pending or caveat filed.

1 53.TP/1193/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 26th August, 2025

FOR COMPLIANCE:

TP/1193/2025 P. Ms. Tanvi Shah i/b Asadali Mazagaonwala Ld. Advocate for the C. : (AMH20230043212 Petitioner C202400004)

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 John Nagappa Hanchinmani (For short “Said deceased”). The petitioner, namely Arpana John Hanchinmani, 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 25-09-2023 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 7 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 treated as uncontested one.

2 53.TP/1193/2025

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. 6) 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 Indian Succession Act, 1925, the petitioner, being Daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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.

Officer on Special Duty,

26th August, 2025 Officer on Special Duty, with Testamentary Department