Meena Lala Moriani vs Moriani Lala Tilumal Alias… — Succession and Inheritance | Bombay HC (2025)

Meena Lala Moriani vs Moriani Lala Tilumal Alias… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Meena Lala Moriani for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, office to verify absence of any pending cross petition or caveat.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner for the properties left by the deceased and shown in Schedule-I of the petition.

Court's answer

Finding of fact: till the date of the order, no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties; the petition is therefore treated as uncontested.

Ratio / Principle

Since the petition is uncontested, the facts stated by the petitioner and the heirs of the deceased on oath remain unchallenged, are required to be accepted, and the petition deserves to be allowed as prayed for.

Key takeaways

The petition is allowed and Letters of Administration are directed to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925.ratio¶¶17
Conditions attached to the grant: the petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period, and before issuance of the grant the office must verify that no cross petition is pending and no caveat resisting the petition is filed.ratio¶¶19

Detailed headnote1 paragraphs

Uncontested testamentary petition (TP/1218/2024, Bombay High Court Original Side) under the Indian Succession Act, 1925 for Letters of Administration to the estate of Moriani Lala Tilumal alias Lala T Moriani, who died on 31-12-2020 at Hongkong. Petitioner Meena Lala Moriani, represented by Adv. Navin Sachanandani, relied on the Hindu Succession Act, 1956 as widow of the deceased. Citation was affixed on the High Court and Collector's Office (Mumbai) notice boards and 14 days expired under Rules 396 and 397(1)/(4) of the Bombay High Court (O.S.) Rules, 1980, with no objector or reported litigation. Legal heirs consented by affidavits without reserving rights; administration bond stood dispensed with by order dated 16.04.2025. The Officer on Special Duty, P. A. Jagdale, found the sworn facts unchallenged, allowed the petition on 05th May 2025 and directed grant of Letters of Administration for the scheduled properties, subject to filing of account as per the Oath and office verification of no cross-petition or caveat before issuance.

1 78.TP/1218/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 05th May 2025

FOR COMPLIANCE:

TP/1218/2024 P. Shri. Navin Sachanandani Ld. Advocate for the Petitioner C. :

[Original]

(ECHCBM0208080 2023)

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 Moriani Lala Tilumal alias Lala Tilumal Moriani, alias Lala T Moriani alias Lall T Moria (For short “Said deceased”). The petitioner, namely Meena Lala Moriani, 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 31-12-2020 at Hongkong 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

2 78.TP/1218/2024

treated as uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

By order dated 16.04.2025 passed by the Hon’bl’e Court, administration bond is dispensed with.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Widow 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.

Officer on Special Duty,

05th May 2025 Officer on Special Duty, with Testamentary Department