Manisha Lokesh Shetty vs Lokesh Gopal Shetty… — Succession and Inheritance | Bombay HC (2025)

Manisha Lokesh Shetty vs Lokesh Gopal Shetty… — 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, under the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any pending cross petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, Manisha Lokesh Shetty, widow of the deceased Lokesh Gopal Shetty, is entitled to grant of Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925. +1 more

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, under the Indian Succession Act, 1925.

Ratio / Principle

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.

Key takeaways

Petitioner 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 no caveat resisting the petition has been filed.ratio¶17

Detailed headnote1 paragraphs

Testamentary Petition (34.TP/1285/2025) under the Indian Succession Act, 1925 filed by Manisha Lokesh Shetty, widow of Lokesh Gopal Shetty, who died at Mumbai on 17/06/2023, seeking Letters of Administration to the properties shown in Schedule-I of the petition. Citation was affixed on the Notice Board of the Hon'ble High Court and the Collector's Office at Mumbai, with 14 days expiring under Rule 397(1) and (4), and notice was issued to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no one appeared to resist and the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and the administration bond in prescribed Form No. 118 was filed with surety. Holding that the facts stated on oath remained unchallenged, the court allowed the petition and granted Letters of Administration, directing the petitioner to file an account as undertaken in the oath and requiring the office to verify that no cross petition or caveat is pending before issuance of the grant.

1 34.TP/1285/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 30th September, 2025

FOR COMPLIANCE:

TP/1285/2025 P. Shri. C M Lokeshappa for the Petitioner C. : (AMH2024012737 8C202400004)

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 LOKESH GOPAL SHETTY, (For short “Said deceased”). The petitioner, namely Manisha Lokesh Shetty, 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 17/06/2023 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 treated as uncontested one.

Legal heir of the deceased has consented by way of

2 34.TP/1285/2025

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, being Widow 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,

30th September, 2025 Officer on Special Duty, with Testamentary Department