Tilakraj Jewanmal Gupta vs Jewanmal Udhoram Gupta — Succession and Inheritance | Bombay HC (2025)

Tilakraj Jewanmal Gupta vs Jewanmal Udhoram Gupta — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to be issued to petitioner Tilakraj Jewanmal Gupta as per the Rules, having effect throughout the State of Maharashtra, subject to Office verification that no cross-petition is pending or caveat is filed.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable where no executor was appointed under the Will and the petitioner is a legatee. +2 more

Court's answer

As no executor has been appointed under the Will and the petitioner is a Legatee under the Will, the petition is tenable.

Ratio / Principle

Enough evidence is on record to accept the execution of the Will, and the petitioner succeeded in proving execution, on the deposition of attesting witness Terrance V. E. D'SA that the deceased signed the Testament in his presence.

Key takeaways

With citations issued and expired, and nothing brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.ratio¶7
The petition is granted and the Office is directed to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra, after verifying that no cross-petition is pending or caveat is filed.ratio¶ORDER 2

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department) — 90.TP/2855/2025, decided 04th December 2025 by Shri P. A. Jagdale, Officer on Special Duty: Letters of Administration with Will annexed granted to petitioner-legatee Tilakraj Jewanmal Gupta under the Will executed at Mumbai (Joint Will) on 11.07.1996 in English language by Jewanmal Udhoram Gupta, who died at Mumbai on 16-11-1999. Held: (i) as no executor was appointed under the Will, a petition by a legatee is tenable; (ii) execution of the Will stood proved on the affidavit of attesting witness Terrance V. E. D'SA in Form No. 102, Bombay High Court (Original Side) Rules, 1980, deposing that the deceased signed the Testament in his presence; (iii) the legal heirs consented and waived citation, citations were duly affixed (Rule 397(1) and (4)) with notice to the Collector (Rule 396), and nothing was brought to notice regarding pending litigation over the schedule-I properties (which are referred to in the Will), so the petition was treated as uncontested and granted. Delay explained vide Rule 382; administration bond executed; Office directed to verify no cross-petition or caveat before issuance; effect throughout Maharashtra.

1 90.TP/2855/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 04th December 2025

FOR COMPLIANCE:

TP/2855/2025 ) Shri. Pranav Khatkul i/b Janu Gultai Ld. (AMH20230055110C20240001 ) Advocate for the Petitioner 6) ) With ) WILL/1098/2025

P.C.:

1) Petitioner, namely Tilakraj Jewanmal Gupta, filed this petition, being the one of the legatees under the Will executed by Jewanmal Udhoram Gupta (herein after the same is referred to as “Testator”), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 16-11-1999.

2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short “Rules”).

4) No executor has been appointed under the Will. The petitioner is the Legatee under the Will. Hence, the petition is tenable.

5) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai (Joint Will) on 11.07.1996, in English language. The Will is handed in separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

6) Ld. The advocate for the petitioner submits that the testator is survived by legal heirs, whose details are given in the petition’s paragraph No. 10, as per the provisions of Hindu Succession Act, 1981. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heirs of the testator has consented to the petition and thereby waived the service of Citation.

7) Citation was issued, which has been duly affixed on the conspicuous part 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

2 90.TP/2855/2025

nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

8) The petitioner has filed the affidavit of Terrance V. E. D'SA, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

9) Properties mentioned in the schedule-I of the petition are referred in the Will.

10) Other legatees, namely Satywati Jewanmal Gupta, a wife of the deceased, predeceased to the deceased. Other legatee, namely Pradeep Kumar Tilakraj Gupta, a granson of the deceased and son of Tilakran Gupta, is died, leaving behind his legal heirs, namely his widow-Anju and childern namely Priyanka Ankur Agarwal, Simram Gupta Mehan. They have given consents to grant Letters of Administration to petitioner.

11) Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra.

3) Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.

04th December 2025 Officer on Special Duty, with Testamentary Department