Anita Gohil Wd/O. Manish Gohil vs Deemuben Alias… — Succession and Inheritance | Bombay HC (2025)

Anita Gohil Wd/O. Manish Gohil vs Deemuben Alias… — 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, under the Indian Succession Act, 1925, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and office verification, before issuance of the grant, that no cross petition is pending and no caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner, stated to be the daughter-in-law of the deceased, for the properties left by the deceased and shown in Schedule-I of the petition.

Court's answer

No one appeared to resist the petitioner's claim and nothing was brought to the Court's notice regarding pending litigation pertaining to the same properties; hence the petition was treated as uncontested.

Ratio / Principle

The facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Key takeaways

Petition allowed; 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.ratio¶15
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office is to verify that no cross petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Testamentary Petition (uncontested) — Letters of Administration under the Indian Succession Act, 1925 granted to Anita Gohil Wd/o. Manish Gohil, daughter-in-law of the deceased Deemuben alias Demooben wd/o. Khodidas Gohil, who died a widow on 22-11-2017 at Mumbai. Citation duly affixed on the High Court and Collector's Office, Mumbai, with 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to Collector issued under Rule 396; delay explained vide Rule 382; a legal heir consented by affidavit without reserving any right; administration bond in prescribed Form No. 118 filed with surety. Facts stated on oath remained unchallenged; petition allowed; grant conditioned on 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 34.TP/3833/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 27th January 2025

FOR COMPLIANCE:

TP/3833/2024 P. C. Ms. Kalpana Rajput Ld. Advocate for the Petitioner : [Original]

(ECHCBM0212698 1) This is a petition for grant of Letters of Administration, 2024) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Deemuben alias Demooben wd/o. Khodidas Gohil (For short “Said deceased”). The petitioner, namely Anita Gohil Wd/o. Manish Gohil, 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 22-11-2017 at Mumbai leaving behind her 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. The delay has been explained vide Rule 382 of the Rules.

Citation was issued, which has been duly 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

2 34.TP/3833/2024

treated as uncontested one.

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

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 Daughter in Law of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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.

27th January 2025 Officer on Special Duty, with Testamentary Department