Bhavesh Harshad Panchal vs Meera Harshad Panchal… — Succession and Inheritance | Bombay HC (2025)

Bhavesh Harshad Panchal vs Meera Harshad Panchal… — 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 prescribed format as per the provisions of the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath within stipulated period; office to verify absence of cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner Bhavesh Harshad Panchal for the properties left by the deceased Meera Harshad Panchal under the Indian Succession Act, 1925.

Court's answer

Since no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.

Ratio / Principle

The petition is allowed and Letters of Administration are granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

Detailed headnote1 paragraphs

Testamentary Petition 57.TP/359/2025 (Bombay High Court, Officer on Special Duty with Testamentary Department, decided 24th March 2025): Petition by Bhavesh Harshad Panchal for Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Meera Harshad Panchal (who died on 02-09-2022 at Mumbai) allowed as an uncontested petition. Citation was displayed on the High Court Notice Board and the Collector's Office notice board at Mumbai for the expiry of 14 days vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector vide Rule 396; no objection or pending litigation was reported. Legal heirs consented by affidavits without reserving any right, and the administration bond in prescribed Form No. 118 with surety was filed. Counsel submitted, invoking the Hindu Succession Act 1956, that the petitioner, being the son of the deceased, is entitled to the grant. Grant ordered subject to office verification that no cross-petition or caveat is pending before issuance, and the petitioner is to file the account as undertaken in the Petitioner's Oath within the stipulated period.

1 57.TP/359/2025

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

FOR COMPLIANCE:

TP/359/2025 P. C. Ms. Ruksar Nazam Siddique i/b Premshankar Dubey Ld. : Advocate for the Petitioner

1. This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Meera Harshad Panchal (For short “Said deceased”). The petitioner, namely Bhavesh Harshad Panchal, has filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 02-09-2022 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. Deceased left properties shown in the schedule-I of the petition.

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 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.

2 57.TP/359/2025

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

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

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, 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 prescribed format as per the provisions of the Indian Succession Act, 1925.

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

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

24th March 2025 Officer on Special Duty, with Testamentary Department