Kailash Lalit Shah vs Lalit Jayantilal Shah… — Succession and Inheritance | Bombay HC (2025)

Kailash Lalit Shah vs Lalit Jayantilal Shah… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to be issued to petitioner Kailash Lalit Shah, 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 by the sole beneficiary for grant of Letters of Administration with Will annexed is tenable, no executor having been appointed under the Will. +1 more

Court's answer

Since no executor has been appointed under the Will and the petitioner is the beneficiary under the Will, the petition is tenable.

Ratio / Principle

Citation was duly issued and published, and as no one appeared to resist the claim and nothing was brought on record regarding pending litigation over the same properties, the petition is treated as uncontested.

Key takeaways

Execution of the Will stands proved on the affidavits of the attesting witnesses Bharat P. Shah and Zarina Bagga, who deposed that the deceased signed the Testament in their presence after going through its contents.ratio¶15
The properties mentioned in Schedule-I of the petition are referred to in the Will.ratio¶16
The petition is granted; the Office is 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.

Detailed headnote1 paragraphs

Testamentary jurisdiction, High Court, Bombay (TP/3081/2024 with WILL/1217/2024) — Uncontested petition by Kailash Lalit Shah, sole beneficiary under the Will of Lalit Jayantilal Shah (Will executed at Mumbai on 12.01.2021 in English; testator died at Mumbai on 05.09.2022), for Letters of Administration with Will annexed. No executor appointed under the Will, hence the petition by the beneficiary held tenable. Legal heir consented and waived citation. Citation affixed on the conspicuous part of the Hon'ble High Court and the Collector's Office notice board, Mumbai; 14 days expired under Rule 397(1) and (4) and notice issued to Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no one appeared, petition treated as uncontested. Execution of the Will proved through affidavits of attesting witnesses Bharat P. Shah and Zarina Bagga in Form No.102 of the Bombay High Court (Original Side) Rules, 1980; Schedule-I properties referred to in the Will; administration bond executed. Petition granted; Letters of Administration with Will annexed directed to be issued with effect throughout the State of Maharashtra, subject to verification that no cross-petition or caveat is pending.

3 110.TP/3081/2024

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

FOR COMPLIANCE:

TP/3081/2024 with

WILL/1217/2024

P. C. : Shri. Shreyansh Desai i/b V Deshpande & Co. Ld. Advocate for the Petitioner

1) This petition is filed by petitioner, being sole beneficiary under the Will executed by Lalit Jayantilal Shah, (herein after the same is referred to as “Testator”), for grant of a Letters of Administration with Will annexed. Said Testator said to have died at Mumbai on 05.09.2022. Petitioner, namely Kailash Lalit Shah, filed the copy of death certificate, identity proof of the testator, Will along with its official translation, petitioner's oath.

2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

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

4) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Mumbai on 12.01.2021, 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.

5) Ld. Advocate for petitioner submits that testator is survived by legal heirs, whose details are given in the petition’s paragraph No. 8 of the petition, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the petition. Legal heir of the testator has consented to the petition and thereby waived the service of Citation.

6) Citation was issued, which has been duly

3 110.TP/3081/2024

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

7) The petitioner has filed the affidavit of Bharat P. Shah & Zarina Bagga attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. They deposed that deceased signed the Testament in their presence, after going through its contents. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

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

9) 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 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.

Officer on Special Duty,

with Testamentary Department

25th July, 2025