Jitendra Popatlal Shah vs Kamlaben Popatlal Shah — Succession and Inheritance | Bombay HC (2025)

Jitendra Popatlal Shah vs Kamlaben Popatlal Shah — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioners directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioners, under the Indian Succession Act, 1925, for the properties left by the deceased Kamlaben Popatlal Shah.

Court's answer

Despite publication of citation and notice to the Collector, no one appeared to resist the petitioners' claim and nothing was brought to the notice regarding pending litigation pertaining to the same properties; hence the petition was treated as uncontested.

Ratio / Principle

The legal heir of the deceased consented by affidavit to the grant of Letters of Administration to the petitioners without reserving any right, and accepted the facts regarding their relationship inter se.

Key takeaways

The facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶7
Letters of Administration were granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925.ratio¶ORDER 1

Detailed headnote1 paragraphs

Testamentary Petition (8.TP/1204/2024), Bombay High Court, Testamentary Department — Petition for Letters of Administration under the Indian Succession Act, 1925 for the properties left by Kamlaben Popatlal Shah, who died a widow on 25/04/2022 at Mumbai, filed by her three children: petitioners Jitendra Popatlal Shah and Kalpesh Popatlal Shah (sons) and Jayshree Rasik Savla (daughter). Citation was duly affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector under Rule 396; no one appeared to resist the claim and no pending litigation pertaining to the scheduled properties was reported, so the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and an administration bond in prescribed Form No. 118 with surety was filed. Ld. Advocate submitted that, in view of the Hindu Succession Act, 1956, petitioners Nos. 1 and 2 (sons) and No. 3 (daughter) were entitled to seek Letters of Administration; the court found the facts stated on oath by the petitioner and the heir unchallenged and required to be accepted, and allowed the petition as prayed. ORDER: (1) Petition allowed; Letters of Administration granted to the petitioners for the scheduled properties in the prescribed format under the Indian Succession Act, 1925; (2) petitioners to file an account as undertaken in the Petitioner's Oath within the stipulated period; (3) before issuance of the grant, the office to verify that no cross-petition is pending and no caveat resisting the petition is filed.

1 8.TP/1204/2024

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

FOR COMPLIANCE:

TP/1204/2024 P. Shri. Abhijeet Mukharjee i/b G M Legal Ld. Advocate for the C. : [Original] Petitioner

[Original]

(ECHCBM022001 32023)

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 Kamlaben Popatlal Shah (For short “Said deceased”). The petitioners, namely (1) Jitendra Popatlal Shah, (2) Kalpesh Popatlal Shah and (3) Jayshree Rasik Savla, have 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 Widow on 25/04/2022 at Mumbai leaving behind her 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

2 8.TP/1204/2024

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 Hindu Succession Act, 1956, the petitioner No. 1 and 2 being sons and no. 3 being daughter of the deceased, are 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 petitioners 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 petitioners 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 March 2025 Officer on Special Duty, with Testamentary Department