Rita Bipin Patni v. Bipin Jayantilal Patni

Bombay HC25 Sept 2025TP/3504/2025

Case brief

AI extract

What is this about?

Bombay High Court, Testamentary Department, 92.TP/3504/2025, decided 16th October, 2025 by Shri. P. A. Jagdale, OSD: Letters of Administration under the Indian Succession Act, 1925 granted to widow Rita Bipin Patni of deceased Bipin Jayantilal Patni (d. 09-12-2018, Mumbai); uncontested petition; heirs' consent affidavits; administration bond Form No. 118; Rules 382, 396, 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; Hindu Succession Act, 1956 cited by counsel; no cases cited; no monetary reliefs.

What did the court decide?

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule of the petition. ¶¶14

Rita Bipin Patni vs Bipin Jayantilal Patni — Succession and Inheritance | Bombay HC (2025)

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1 92.TP/3504/2025

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 16th October, 2025

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FOR COMPLIANCE:

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TP/3504/2025 P. C. Ms. Shweta Nishar i/b Sonal Doshi & Co. Ld. Advocate for the : (AMH20230004853 Petitioner C202400013)

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Petitioner, namely RITA BIPIN PATNI, has filed this 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 Bipin Jayantilal Patni (For short “Said deceased”).

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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.

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Said deceased died as a married on 09-12-2018 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.

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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.

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2 92.TP/3504/2025

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

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

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Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Widow 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:

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ORDER

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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.

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1. The petitioner to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

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1. Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

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16th October, 2025 Officer on Special Duty, with the Testamentary Department

Rita Bipin Patni v. Bipin Jayantilal Patni

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Rita Bipin Patni v. Bipin Jayantilal Patni

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