Hamen Vindo Shah and Another vs Vinod Shantilal… — Succession and Inheritance | Bombay HC (2025)

Hamen Vindo Shah and Another vs Vinod Shantilal… — 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; petitioners directed to file account as undertaken in Petitioner's Oath within the stipulated period; office to verify, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioners (son Hamen Vinod Shah and daughter-in-law Rajul Prayesh Shah) for the properties left by the deceased Vinod Shantilal Shah.

Court's answer

Facts stated on oath by the petitioners and the heirs of the deceased remained unchallenged and were required to be accepted; the petitioners, being the son and daughter-in-law of the deceased, are entitled to seek Letters of Administration in view of the Hindu Succession Act, 1956.

Ratio / Principle

The petition deserves to be allowed as prayed for.

Key takeaways

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 under the Indian Succession Act, 1925, subject to filing of account as undertaken in the Petitioner's Oath within the stipulated period and to office verification, before issuance of the grant, that no cross-petition or caveat is pending.ratio¶¶14

Detailed headnote1 paragraphs

Uncontested Testamentary Petition (22.TP/1472/2024, Bombay High Court, Testamentary Department; Shri. P. A. Jagdale, Officer on Special Duty; decided 27th February, 2025) under the Indian Succession Act, 1925 for Letters of Administration to the estate of Vinod Shantilal Shah, who died as a widower at Mumbai on 21/10/2020 leaving the legal heirs shown in paragraph 4 of the petition and properties shown in Schedule-I. Petitioners were the deceased's son Hamen Vinod Shah and daughter-in-law Rajul Prayesh Shah, who claimed entitlement in view of the Hindu Succession Act, 1956. Citation was duly affixed on the High Court and Collector's Office notice boards (Rule 397(1) and (4)) and notice issued to the Collector (Rule 396) of the Bombay High Court (O.S.) Rules, 1980; no one appeared to resist and no pending litigation was brought to notice, so the petition was treated as uncontested. Legal heirs consented by affidavits without reserving any right, and the petitioners filed the Administration Bond in prescribed Form No. 118 with surety. Holding that facts stated on oath had remained unchallenged, the court allowed the petition and granted Letters of Administration for the scheduled properties, directing the petitioners to file the account undertaken in the Petitioner's Oath within the stipulated period and the office to verify, before issuance of the grant, that no cross-petition or caveat was pending.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 27th February, 2025

FOR COMPLIANCE:

22.TP/1472/2024 P. Viashanavi Prabhudesai i/b Juilee Ghadge, Ld. Advocate for [Original] C. : the Petitioner (ECHCBM020383 52024) 1) This is a petition for grant of Letters of Administration,

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 Vinod Shantilal Shah (For short “Said deceased”). The petitioners, namely (1) Hamen Vinod Shah and (2) Rajul Prayesh Shah, 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 Widower on 21/10/2020 at Mumbai 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.

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 heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of

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Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, inter-se. 6) 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 being the son and No. 2 being the daughter in law of the deceased, are 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 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.

Officer on Special Duty,

27th February, 2025 Officer on Special Duty, with Testamentary Department