Nayana Bharat Vora vs Anand Bharat Vora(Deceased) — Succession and Inheritance | Bombay HC (2025)

Nayana Bharat Vora vs Anand Bharat Vora(Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Nayana Bharat Vora for the properties left by the deceased Anand Bharat Vora and shown in the schedule, in prescribed format under the Indian Succession Act, 1925; petitioner directed to file an 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 Letters of Administration should be granted to the petitioner, mother of the deceased Anand Bharat Vora, for the properties left by the deceased under the Indian Succession Act, 1925. +1 more

Court's answer

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

Ratio / Principle

The legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration to the petitioner, without reserving any right, and accepted the facts regarding their relationship inter se.

Key takeaways

In view of the order in Testamentary Petition No. 2767 of 2023, no requisition is needed to justify the share of the minor legal heir Feran Anand Vora, as his birth parent has filed consent on his behalf through the mother and natural guardian.ratio¶11
The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.ratio¶13

Detailed headnote1 paragraphs

Testamentary Petition – Letters of Administration – Indian Succession Act, 1925 – Petition by Nayana Bharat Vora, mother of deceased Anand Bharat Vora, who died (married) on 31/12/2015 at Mumbai leaving the heirs listed in paragraph 4 of the petition and the Schedule-I properties – Delay explained vide Rule 382 – Citation duly affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expired under Rule 397(1) and (4) and notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980 – No appearance in opposition and no pending litigation brought to notice; petition treated as uncontested – All legal heirs consented by affidavits without reserving any right – Minor heir Feran Anand Vora consented through his mother and natural guardian; in view of the order in Testamentary Petition No. 2767 of 2023 no requisition was needed to justify the minor's share as the birth parent filed consent – Administration Bond in prescribed Form No. 118 filed with surety – Facts on oath unchallenged and accepted – Petition allowed; Letters of Administration granted for the scheduled properties; petitioner to file account as undertaken in the Oath; office to verify no cross-petition or caveat before issuance of the grant.

1 34.TP/1546/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 21st March 2025

FOR COMPLIANCE:

TP/1546/2024 P. Ms. Indrayani Koparkar Ld. Advocate for the Petitioner [Original] C. : (ECHCBM0203368 1) This is a petition for grant of Letters of Administration, 2024) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Anand Bharat Vora (For short “Said deceased”). The petitioner, namely Nayana Bharat Vora, 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 31/12/2015 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. 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 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

2 34.TP/1546/2024

Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

One of the legal heir being minor has consented through his mother and natural guardian has filed the affidavit. The petitioner being birth patent of the minor has filed affidavit. In view of the order passed in the Testamentary Petition No. 2767 of 2023, there is no requisition to justify the share of minor legal heir, namely Feran Anand Vora, as the birth parent has filed the consent on behalf of the said minor.

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 Mother 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.

21st March 2025 Officer on Special Duty, with Testamentary Department