Gira Vipul Rami and 2 Ors. vs Ratilal Hargovanddas… — Succession and Inheritance | Bombay HC (2025)

Gira Vipul Rami and 2 Ors. vs Ratilal Hargovanddas… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the three petitioners for the properties left by the deceased and shown in the schedule, subject to: (i) petitioners filing an account as undertaken in the Petitioner's Oath within the stipulated period, and (ii) office verifying, before issuance of the grant, that no cross petition is pending or caveat resisting the petition has been 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 Ratilal Hargovanddas Rami alias Ratilal Hargovandas Rami. +1 more

Court's answer

Petition allowed and Letters of Administration granted to the petitioners 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 court found that facts stated on oath by the petitioners and the heirs of the deceased remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Key takeaways

In view of the Hindu Succession Act, 1956, petitioners No. 1 and 2 (daughters-in-law of the deceased) and petitioner No. 3 (son of the deceased) were accepted as entitled to seek Letters of Administration; the court accepted the facts stated on oath as unchallenged in allowing the petition.ratio¶13

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department) — Officer on Special Duty Shri P. A. Jagdale, 01.10.2025 — Testamentary Petition TP/1447/2025 allowed; Letters of Administration granted under the Indian Succession Act, 1925 to Gira Vipul Rami, Renuka Prakashkumar Rami and Hasmikh Ratilal Rami for the properties left by deceased Ratilal Hargovanddas Rami alias Ratilal Hargovandas Rami, who died on 04/09/1991 at Gujarat. Entitlement of petitioners 1 and 2 (daughters-in-law) and petitioner 3 (son) taken in view of the Hindu Succession Act, 1956. Citation duly affixed and 14 days expired (Rules 396 and 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); no caveator or claimant appeared and the petition was treated as uncontested; legal heirs consented by affidavits without reserving rights; administration bond in prescribed form No. 118 filed with surety; delay explained vide Rule 382. Grant conditional on filing of account as per Petitioner's Oath and office verification that no cross petition or caveat is pending.

2 44.TP/1447/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 01st October, 2025

FOR COMPLIANCE:

TP/1447/2025 P. Shri. Saumil Kothari Ld. Advocate for the Petitioner C. :

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 Ratilal Hargovanddas Rami alias Ratilal Hargovandas Rami (For short “Said deceased”). The petitioners, namely 1. Gira Vipul Rami, 2. Renuka Prakashkumar Rami, 3. Hasmikh Ratilal Rami, have filed documents.

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

Said deceased died as a married on 04/09/1991 at Gujarat leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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. The delay has been explained vide Rule 382 of the Rules.

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

2 44.TP/1447/2025

brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is 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.

Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu succession Act, 1956, the petitioner No. 1 & 2 being daughter in law and No. 3 being son of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners 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 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.

01st October, 2025 Officer on Special Duty, with Testamentary Department