Bhavna Naresh Shah vs Naresh Vadilal Shah alias… — Succession and Inheritance | Bombay HC (2025)

Bhavna Naresh Shah vs Naresh Vadilal Shah alias… — 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 of the petition; petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, widow of the deceased Naresh Vadilal Shah alias Naresh V. Shah, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased.

Court's answer

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

Ratio / Principle

The legal heir of the deceased consented by affidavit to the grant of Letters of Administration to the petitioner without reserving any right.

Key takeaways

Facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.ratio¶7
Petition allowed; Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and the office verifying, before issuance of the grant, that no cross petition is pending or caveat resisting the petition is filed.ratio¶ORDER-1

Detailed headnote1 paragraphs

Testamentary jurisdiction (Bombay High Court, Officer on Special Duty, with Testamentary Department) — Uncontested petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of Naresh Vadilal Shah alias Naresh V. Shah, who died a married man on 06-07-2017 at Mumbai leaving the heirs shown in paragraph 4 of the petition. Petitioner Bhavna Naresh Shah alias Bhavna N. Shah, widow of the deceased, claimed entitlement under the Hindu Succession Act, 1956. Citation duly affixed on the High Court and Collector's Office notice boards with 14 days expired (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); notice issued to the Collector (Rule 396); delay explained (Rule 382); administration bond in prescribed Form No. 118 filed with surety; legal heir consented by affidavit without reserving any right. No one appeared to resist and no pending litigation was brought to notice; facts stated on oath remained unchallenged. Held: petition allowed and Letters of Administration granted for the scheduled properties, subject to filing of account as undertaken in the Petitioner's Oath and office verification that no cross petition or caveat is pending before issuance of the grant.

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

FOR COMPLIANCE:

TP/1997/2025 P. C. Shri. Yogesh Salunke Ld. Advocate for the Petitioner : (AMH20230045190 C202500001)

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 Naresh Vadilal Shah alias Naresh V. Shah (For short “Said deceased”). The petitioner, namely Bhavna Naresh Shah alias Bhavna N. Shah, 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 06-07-2017 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

2 55.TP/1997/2025

treated as uncontested one.

Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

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 Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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.

Officer on Special Duty,

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