Maniben Dahyabhai Patel vs Harish Dahyabhai Patel… — Succession and Inheritance | Bombay HC (2025)

Maniben Dahyabhai Patel vs Harish Dahyabhai Patel… — 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 the prescribed format as per the provisions of the Indian Succession Act, 1925; petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify before issuance of the grant that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, mother of the deceased Harish Dahyabhai Patel, under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

Since no one appeared to resist the petitioner's claim after expiry of the citation period and nothing was brought to notice regarding pending litigation about the same properties, the petition is treated as an uncontested one.

Ratio / Principle

The petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond in view of the order passed in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted; the petitioner, being the mother of the deceased, is entitled to seek Letters of Administration under the Hindu Succession Act, 1956; accordingly the petition deserves to be allowed as prayed for.ratio¶14

Detailed headnote1 paragraphs

Testamentary Petition (59.TP/2990/2024, Bombay High Court, Testamentary Department) - Letters of Administration sought under the Indian Succession Act, 1925 for the properties of Harish Dahyabhai Patel, who died a bachelor on 25/10/2015 at Mumbai. Petitioner Maniben Dahyabhai Patel, mother of the deceased and sole class-I heir, filed the petition; delay explained vide Rule 382 of the Rules. After citation under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 drew no objection and no pending litigation concerning the scheduled properties was brought to notice, the petition was treated as uncontested. Relying on the Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner was exempted from furnishing the administrative bond. Facts stated on oath remaining unchallenged, the petitioner as mother of the deceased was held entitled under the Hindu Succession Act, 1956 to seek Letters of Administration. Petition allowed; grant ordered in prescribed format 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.

1 59.TP/2990/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 06th October, 2025

FOR COMPLIANCE:

TP/2990/2024 P. Shri. Rurdra Dani i/b Shukla & Associates Ld. Advocate for C. : with the Petitioner

IA/3126/2025

(AMH2024013182 6C202500006)

This is a petition 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 Harish Dahyabhai Patel, (For short “Said deceased”). The petitioner, namely MANIBEN DAHYABHAI PATEL, has filed documents.

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 Bachelor on 25/10/2015 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. 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

2 59.TP/2990/2024

petition is treated as an uncontested one.

In view of the order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Mother of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, 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 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.

06th October, 2025 Officer on Special Duty, with the Testamentary Department