Mitul Pravinchandra Desai v. Pravinchandra Desai

Bombay HC24 Jun 2025TP/1558/2024

Case brief

AI extract

What is this about?

Letters of Administration; Indian Succession Act 1925; testamentary petition; uncontested grant; Bombay High Court (O.S.) Rules 1980 Rules 396 and 397; citation and notice to Collector; administration bond Form No. 118; Hindu Succession Act 1956; son and power-of-attorney holder as petitioners; Desai; Mumbai; grant conditional on account in Petitioner's Oath and verification of no caveat or cross petition.

What did the court decide?

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule (Schedule-I of the petition), under the Indian Succession Act, 1925. ¶¶14

Mitul Pravinchandra Desai vs Pravinchandra Desai — 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 (Schedule-I of the petition), under the Indian Succession Act, 1925.

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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 Pravinchandra Manibhai Desai and Vinodabehen Pravinchandra Desai. +1 more

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Court's answer

The facts stated by the petitioners on oath remained unchallenged, were required to be accepted, and the petition deserved to be allowed as prayed for.

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Ratio / Principle

Petition allowed; Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, in prescribed format.

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Key takeaways

Petitioners directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶¶15
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¶¶16

Detailed headnote1 paragraphs

Testamentary Petition 40.TP/1558/2024, Bombay High Court (Testamentary Department), decided 24th June 2025 by Shri. P. A. Jagdale, Officer on Special Duty. Uncontested petition under the Indian Succession Act, 1925 for Letters of Administration to the properties left by two deceased persons: Pravinchandra Manibhai Desai (died a widower on 03.03.2022) and Vinodabehen Pravinchandra Desai (died on 08.03.2021), both at Mumbai. Citation was affixed on the notice boards of the High Court and the Collector's Office, Mumbai, with the 14-day period expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector under Rule 396; no objection or pending litigation was brought to notice, so the petition was treated as uncontested. An administration bond in prescribed form No. 118 with surety was filed. Invoking the Hindu Succession Act, 1956, the court accepted the petitioners' sworn statements as unchallenged and granted Letters of Administration to petitioner No. 1, Mithul Pravinchandra Desai (son of the deceased), and petitioner No. 2 (constituted attorney / power of attorney holder of Sameerkumar Pravinchandra Desai, another son of the deceased). The grant was conditioned on the petitioners filing an account as undertaken in the Petitioner's Oath within the stipulated period and on office verification, before issuance of the grant, that no cross petition or caveat is pending.

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1 40.TP/1558/2024

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 24th June 2025

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FOR COMPLIANCE:

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40.TP/ 1558/2024 P.C. Ms. Nidhi Chawda i/b. Indira Labde Ld. Advocate for the Petitioner.

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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 (1) Pravinchandra Manibhai Desai & (2) Vinodabehen Pravinchandra Desai (For short “Said deceased”). The petitioners, namely Mithul Pravinchandra Desai and (2) Mithul Pravinchandra Desai being Power of Attorney of Sameerkumar Pravinchandra Desai, have filed documents.

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I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificates of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

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Said deceased No. 1 died as widower on 03.03.2022. The Deceased No. 2 died as a married on 08.03.2021. Both are died at Mumbai leaving behind them legal heirs, shown in the paragraph No. 5 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.

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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

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2 40.TP/1558/2024

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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.

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

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Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner No. 1, being son of the deceased, and No. 2, being Constituted attorney of Sameerkumar Desai a son of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

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ORDER

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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.

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1. The petitioners to file an account as under taken in a Petitioner’s Oath within stipulated period.

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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.

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24th June 2025 Officer on Special Duty, with Testamentary Department

Mitul Pravinchandra Desai v. Pravinchandra Desai

Case brief

What is this about?

What did the court decide?

Mitul Pravinchandra Desai v. Pravinchandra Desai

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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