Nishat Usman Khan vs Usman Khan alias Usman imam… — Succession and Inheritance | Bombay HC (2025)

Nishat Usman Khan vs Usman Khan alias Usman imam… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner (widow of the deceased) for the properties left by the deceased and shown in Schedule-I, in prescribed format under the Indian Succession Act, 1925; petitioner directed to file account as undertaken in the oath, and grant to issue only after office verifies absence of any pending cross-petition or caveat.

Issue for consideration

Whether the petitioner, stated to be the widow of the deceased Usman Khan, is entitled to a grant of Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925 read with the Muslim Personal Law (Shariat) Application Act, 1937. +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, and were, accepted by the court.

Ratio / Principle

Since no one appeared to resist the petitioner's claim and no pending litigation pertaining to the same properties was brought to notice, the petition was treated as uncontested.

Key takeaways

The petition is allowed and Letters of Administration are 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.ratio¶Order-1
The grant is made subject to conditions: the petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period, and before issuance of the grant the office to verify that no cross-petition is pending and no caveat resisting the petition is filed.ratio¶Order-3

Detailed headnote1 paragraphs

Testamentary Petition (TP/285/2025, Bombay High Court, Testamentary Department) under the Indian Succession Act, 1925 for Letters of Administration to the estate of Usman Khan alias Usman Imam Khan alias Usman I. Khan alias U. I. Khan, who died on 08-06-2014 at Mumbai leaving legal heirs shown in paragraph 4 of the petition. Petitioner (stated to be the widow) sought administration of Schedule-I properties. Delay explained vide Rule 382 of the Rules; citation 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 to Collector issued under Rule 396; administration bond in Form No. 118 with surety filed; legal heirs consented by affidavits without reserving rights. On the submission that under the Muslim Personal Law (Shariat) Application Act, 1937 the widow is entitled to seek Letters of Administration, and no one contesting, the petition was treated as uncontested and allowed, subject to filing of account and verification of no cross-petition/caveat before issuance of the grant.

1 82.TP/285/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th May 2025

FOR COMPLIANCE:

TP/285/2025 P. Shri. R R Thakur Ld. Advocate for the Petitioner C. : (AMH202300463 43C202400010)

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 Usman Khan alias Usman Imam Khan alias Usman I. Khan alias U. I. Khan (For short “Said deceased”). The petitioner, namely Nishat Usman Khan alias Mrs. Nishant Usman Khan alias N. U. Khan, 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 08-06-2014 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 82.TP/285/2025

treated as uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

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 Muslim Personal Law (Shariat) Application Act, 1937 (Act 26 of 1937), the petitioner, being Widow 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,

08th May 2025 Officer on Special Duty, with Testamentary Department