Nivan Ankit Modi through Its Legal Guardian Mr… — Succession and Inheritance | Bombay HC (2025)

Nivan Ankit Modi through Its Legal Guardian Mr… — 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, 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; before issuance of the grant, the office to verify that no cross petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner (stated to be son-in-law of the deceased) for the properties left by the deceased Rajendra Brajlal Modi and Jyoti Rajendra Modi.

Court's answer

Petition allowed; Letters of Administration to be granted to the petitioner for the properties left by the deceased and shown in the schedule, as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

Facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were therefore required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Key takeaways

There is no requisition to justify the share of the minor legal heir Nivaan, since the petitioner is the birth parent of the minor, in view of the order passed in Testamentary Petition No. 1701 of 2017.ratio¶¶12
The petition was treated as uncontested because no one appeared to resist the petitioner's claim and no pending litigation concerning the same properties was brought to the court's notice.ratio¶¶8

Detailed headnote1 paragraphs

Uncontested testamentary petition (80.TP/2000/2025) under the Indian Succession Act, 1925 before the Bombay High Court, Testamentary Department (Officer on Special Duty P. A. Jagdale), decided on 25th August, 2025. Letters of Administration granted to petitioner Ankit Yogendra Modi for the scheduled properties left by the deceased Rajendra Brajlal Modi (died 05/10/2023 at Thane) and Jyoti Rajendra Modi (died 08.11.2023 at Thane). Counsel submitted that under the Hindu Succession Act, 1956 the petitioner, being son-in-law of the deceased, was entitled to seek the grant. All legal heirs consented by affidavit without reserving any right; the minor heir Nivaan consented through his natural guardian (the petitioner), and relying on the order in Testamentary Petition No. 1701 of 2017 no justification of the minor's share was required as the petitioner is the minor's birth parent. Citation published under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 drew no objection; administration bond in Form No. 118 filed with surety. Petitioner to file account as undertaken in the oath; office to verify absence of cross petition or caveat before issuance of the grant.

1 80.TP/2000/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th August, 2025

FOR COMPLIANCE:

TP/2000/2025 P. Shri. Vijay Kumar i/b Shweta Singh Ld. Advocate for the Petitioner (AMH20230038334 C. : 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 Rajendra Brajlal Modi, And Jyoti Rajendra Modi, (For short “Said deceased”). The petitioner, namely Ankit Yogendra Modi, has filed documents.

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

Said deceased No. 1 died as a married on 05/10/2023 at Thane and deceased No. 2 died as a Widow on 08.11.2023 at Thane 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. Deceased left properties shown in the schedule-I of the petition.

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.

2 80.TP/2000/2025

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.

One of the minor Legal heir of the deceased has consented by way of Affidavit filed through his natural guardian who is also petitioner 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.

The petitioner being birth patent of the minor has filed affidavit. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, namely Nivaan as the petitioner is the birth parent of 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 Son in law 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.

Officer on Special Duty,

25th August, 2025 Officer on Special Duty, with Testamentary Department