Arti Aman Shah vs Aman Pyarelal Shah (Deceased) — Succession and Inheritance | Bombay HC (2025)

Arti Aman Shah vs Aman Pyarelal Shah (Deceased) — 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, in the prescribed format, having effect throughout the State of Maharashtra as per the Indian Succession Act, 1925; petitioner 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 or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being the widow of the deceased Aman Pyarelal Shah, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Ratio / Principle

Since no one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation about the same properties, the petition is treated as an uncontested one.

Key takeaways

Facts stated by the petitioner and the heirs of the deceased, on oath, remained unchallenged and were required to be accepted.ratio¶13
In view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the widow of the deceased, is entitled to seek Letters of Administration.ratio¶13
The petition deserves to be allowed, as prayed for.ratio

Detailed headnote1 paragraphs

Uncontested testamentary petition under the Indian Succession Act, 1925: Arti Aman Shah, widow of Aman Pyarelal Shah (who died on 10-03-2023 at Mumbai), sought Letters of Administration for the estate listed in Schedule I of the petition. Citation was published for 14 days vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 and the Collector was notified vide Rule 396; no one opposed the claim and no pending litigation concerning the properties was reported, so the petition was treated as uncontested. An Interim Application by a third person seeking to be added as legal heir had been withdrawn. The legal heirs consented by affidavits without reserving any right, and the petitioner filed the administration Bond in prescribed Form No. 118 with surety. Entitlement was grounded in the petitioner's status as widow under the Hindu Succession Act, 1956. The petition was allowed: Letters of Administration granted with effect throughout the State of Maharashtra, the petitioner to file an account as undertaken in her Oath within the stipulated period, and the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 60.TP/1523/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 12th December, 2025

FOR COMPLIANCE:

TP/1523/2025 ) Ms. Twinkle Undhe i/b Mahesh Ghuge Ld. ) [Original] Advocate for the Petitioner ) (ECHCBM02112902024) )

P.C.:

Petitioner, namely Arti Aman Shah, has applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely Aman Pyarelal Shah(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an affidavit with document to dispense with the requisition of an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation. Ld. Advocate for the petitioner submitted that Interim Application is withdrawn as it was filed by third person to add them as legal heirs. 3) Said deceased died as a married on 10-03-2023 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. The deceased left properties shown in Schedule I of the petition.

Office issued Citation to all concern and same has been 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”). An affidavit to that effect has been filed. Notice to the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

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

Petitioner has filed the administration Bond in the prescribed form No. 118 with

2 60.TP/1523/2025

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 the petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, the 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 the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

1. The petitioner to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

1. Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

12th December, 2025 Officer on Special Duty, with the Testamentary Department