Bhavna Jay Sampat vs Ashish Anantrai Parekh — Succession and Inheritance | Bombay HC (2025)

Bhavna Jay Sampat vs Ashish Anantrai Parekh — 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, effective throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner directed 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 the petitioner, being the sister of the deceased, is entitled to be granted Letters of Administration for the properties left by the deceased under the provisions of the Indian Succession Act, 1925.

Court's answer

The facts stated by the petitioner and the heirs of the deceased on oath had remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for, the petitioner being the sister of the deceased and entitled under the Hindu Succession Act, 1956.

Ratio / Principle

The petition was allowed and Letters of Administration were granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, with effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department — 48.TP/3503/2025, decided 24th November 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petitioner Bhavna Jay Sampat, sister of the deceased Ashish Anantrai Parekh (who died as a Divorcee on 23-09-2013 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule I of the petition. Citation was affixed on the High Court and Collector’s Office notice boards with 14 days expiring under Rule 397(1) and (4), notice to the Collector under Rule 396, and delay explained under Rule 382, all of the Bombay High Court (O.S.) Rules, 1980. Nobody resisted the claim and no pending litigation was brought to notice; the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and an administration bond in prescribed Form No. 118 with surety was filed. Held: the unchallenged facts on oath stood accepted and, the petitioner being the sister of the deceased under the Hindu Succession Act, 1956, the petition was allowed — Letters of Administration granted with effect throughout the State of Maharashtra; petitioner to file account as per her Oath; office to verify absence of cross-petition or caveat before issuance of the grant.

1 48.TP/3503/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 24th November 2025

FOR COMPLIANCE:

TP/3503/2025 P. C. : Ms. Shivani Prasad Ld. Advocate for the Petitioner [Original]

(ECHCBM0219281 2023)

P.C.:

Petitioner, namely BHAVNA JAY SAMPAT, has applied 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 Ashish Anantrai Parekh (For short “Said deceased”).

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 Divorcee on 23-09-2013 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 petition is treated as an uncontested one.

Legal heir of the deceased has consented by way of Affidavit to grant the prayer of the petitioner to grant a Letter of Administration, without reserving any right. The legal heir has accepted the facts regarding their relationship, inter se.

Petitioner has filed the administration Bond in the prescribed form No. 118 with

2 48.TP/3503/2025

surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Sister of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, 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, having effect throughout the the State of Maharashtra 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

24th November 2025

Officer on Special Duty,

with the Testamentary Department