Nipa Rajnikant Doshi vs Divya Rajnikant Doshi and… — Succession and Inheritance | Bombay HC (2025)

Nipa Rajnikant Doshi vs Divya Rajnikant Doshi and… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Limited Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and office verification, before issuance of the grant, that no cross-petition or caveat is pending.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, constituted attorney of the heirs Nipa Rajnikant Doshi and Rajiv Doshi, for the properties left by the deceased Divya Rajnikant Doshi and Rajnikant Fathechandbhai Doshi under the Indian Succession Act, 1925. +1 more

Court's answer

The facts stated by the petitioner and the heirs of the deceased on oath, having remained unchallenged, were required to be accepted, and the petition deserved to be allowed as prayed for.

Ratio / Principle

No one appeared to resist the petitioner's claim and nothing was brought to the court's notice regarding pending litigation about the same properties; the petition was therefore treated as an uncontested one.

Key takeaways

Petition allowed; Limited Letters of Administration to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, as per the provisions of the Indian Succession Act, 1925.ratio¶¶14
The petitioner is 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 there is no cross-petition pending or caveat resisting the petition.ratio

Detailed headnote1 paragraphs

Testamentary petition (53.TP/1759/2025) under the Indian Succession Act, 1925 for Letters of Administration in respect of properties left by two deceased persons — Divya Rajnikant Doshi (died 27.11.2018, USA) and Rajnikant Fathechandbhai Doshi (died 24.04.2019, USA). Petitioner Kirat Pal s/o Tarsem Lal acted as constituted attorney of the heirs Nipa Rajanikant Doshi and Rajiv Doshi. Citation was affixed on the notice boards of the High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396; delay was explained vide Rule 382. An administration bond (Form No. 118) with surety was filed. With no opposition or pending litigation reported, the petition was treated as uncontested and allowed: Limited Letters of Administration were granted, with directions to file an account as per the Petitioner's Oath and for office verification of the absence of any cross-petition or caveat before issuance of the grant.

1 53.TP/1759/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 10th October, 2025

FOR COMPLIANCE:

TP/1759/2025 P. C. Shri. Sudhir Yadav i/b Agrud Partners Ld. Advocate for the : Petitioner

This is a petition 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 (1) Divya Rajnikant Doshi and (2) Rajnikant Fathechandbhai Doshi (For short “Said deceased”). The petitioner, namely Kirat Pal s/o Tarsem Lal constituted Attorney of Nipa Rajanikant Doshi & Rajiv Doshi, has filed documents.

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proofs of both the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased No. 1 died as a married on 27.11.2018 at United States of America and No. 2 deceased no. 2 died as a Widower on 24.04.2019 at United State of America leaving behind them 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. 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 the collector

2 53.TP/1759/2025

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.

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

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956 1956, the petitioner, being Constituted Attorney of (1) NIPA RAJNIKANT DOSHI & (2) RAJIV RAJNIKANT DOSHI of the deceased, are 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 Limited Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in the prescribed format 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.

10th October, 2025 Officer on Special Duty, with the Testamentary Department