Muffadal Saifuddin Tarwadi vs Saifuddin Taherali… — Succession and Inheritance | Bombay HC (2025)

Muffadal Saifuddin Tarwadi vs Saifuddin Taherali… — 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, effective throughout Maharashtra under the Indian Succession Act, 1925; petitioner to file account as undertaken in his oath, subject to office verification of no pending cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner Muffadal Saifuddin Tarwadi for the properties left by the deceased Saifuddin Taherali Tarwadi and shown in Schedule I of the petition.

Ratio / Principle

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

Key takeaways

The petition is allowed and Letters of Administration are to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format.ratio¶¶15
The grant of Letters of Administration is to have effect throughout Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶¶15
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Testamentary Petition 44. TP/1780/2025, Bombay High Court (Testamentary Department), decided 11-12-2025 by Shri. P. A. Jagdale, Officer on Special Duty: Muffadal Saifuddin Tarwadi applied for Letters of Administration under the Indian Succession Act, 1925 for the estate of Saifuddin Taherali Tarwadi, who died a widower on 23-11-2021 at Mumbai leaving the heirs named in paragraph 4 of the petition and the Schedule I properties. With citation published for the requisite 14 days (Rules 397(1) and (4), Bombay High Court (O.S.) Rules, 1980), Collector's notice issued (Rule 396), heirs consenting by affidavits without reserving any right, Administration Bond in Form No. 118 filed with surety, and delay explained under Rule 382, the petition stood uncontested. Holding the sworn facts unchallenged, the court allowed the petition and ordered grant of Letters of Administration in the prescribed format having effect throughout Maharashtra, directing the petitioner to file an account as per his oath and the office to confirm absence of any cross-petition or caveat before issuance of the grant.

2 44. TP/1780/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 11th December, 2025

FOR COMPLIANCE:

TP/1780/2025 ) Ms. Shivani Prasad Ld. Advocate for the Petitioner (AMH20210051970C20240001 ) 4) )

P.C.:

Petitioner, namely MUFFADAL SAIFUDDIN TARWADI 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 SAIFUDDIN TAHERALI TARWADI, (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 identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widower on 23-11-2021 at Mumbaileaving 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. 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 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. 6) Petitioner has filed the administration Bond in the prescribed form No. 118 with

2 44. TP/1780/2025

surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being 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 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.

11th December, 2025

Officer on Special Duty, with the Testamentary Department