Rasiklal Ladha Shah vs Chandrakant Ladhabhai Shah… — Succession and Inheritance | Bombay HC (2025)

Rasiklal Ladha Shah vs Chandrakant Ladhabhai Shah… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition granted; Office to issue Letters of Administration with Authenticated copy of the Will annexed to the petitioner throughout the State of Maharashtra, upon satisfaction that the administration Bond is properly executed as per the Rules, and subject to the Office verifying before issuance that no cross petition is pending or caveat is filed.

Issue for consideration

Whether Letters of Administration with authenticated copy of the Will annexed should be granted to the petitioner as executor under the Will of the deceased testator. +1 more

Court's answer

The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rules, 1980.

Ratio / Principle

Since the Will has been probated by the Hon'ble High Court of Justice England and Wales, the petition is maintainable vide Sec. 228 of the IS Act.

Key takeaways

No one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties; hence the petition is treated as uncontested.ratio¶14
The Will has been proved and probated, and the properties mentioned in Schedule-I of the petition are referred to in the Will.ratio¶15
The petitioner has executed the administration Bond in the prescribed format, satisfaction whereof is a precondition to issuance of the Letters of Administration.ratio

Detailed headnote1 paragraphs

Testamentary Petition (68.TP/3881/2024), High Court, Bombay, Testamentary Department, Order dated 07th March 2025 (Shri. P. A. Jagdale, Officer on Special Duty): Letters of Administration with authenticated copy of the Will annexed granted to Rasiklal Ladha Shah, executor under the Will of Chandrakant Ladhabhai Shah alias Chandrakant Shah, who died at London on 09-09-2016. The Will, executed at Harrow, London on 3rd November 2011, had already been probated by the Hon'ble High Court of Justice England and Wales; the petition was held maintainable under Sec. 228 of the IS Act (Indian Succession Act). Delay was explained under Rule 382 of the Bombay High Court (Original Side) Rules, 1980. Citations were served on the non-consenting legal heirs (heirs under the Hindu Succession Act, 1956) and on legatees Kishorilal Shah and Mradula Shah, affixed at the High Court and the Collector's Office, Mumbai, with notice to the Collector under Rules 396 and 397 of the BHC Rules; nobody resisted and the petition was treated as uncontested. The administration Bond was executed; issuance was directed throughout the State of Maharashtra, subject to verification that no cross petition or caveat is pending.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 07th March 2025

FOR COMPLIANCE:

TP/3881/2024 [Original] (ECHCBM020491620 24)

P. C. : Ms. Akshata Pawar i/b Pramodkumar And Co Ld. Advocate for the Petitioner

1) This petition is filed by petitioner, being executor of under the Will executed by CHANDRAKANT LADHABHAI SHAH ALIAS CHANDRAKANT SHAH (herein after the same is referred to as “Testator”), for grant of a Letters of Administration with authenticated copy of the Will annexed. Said Testator said to have died at London on 09-09-2016 Petitioner, namely RASIKLAL LADHA SHAH, filed the copy of death certificate, identity proof of the testator, authenticated copy of the Will along Copy of the Probate, petitioner's oath.

2) Perused petition. Heard Ld. Advocate for petitioner. Perused documents. 3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short “Rules”).

4) The petitioner has been appointed under the Will as a executor. He presented a petition to the Court at United Kingdom. Accordingly, the Will has been probated by the Hon’ble High Court of Justice England and Wales. Hence, vide Sec. 228 of the IS Act, the petition is maintainable.

5) Petitioner stated that the deceased left behind his last Will and Testament which was duly executed at Harrow, London on 3^rd November 2011. Its authenticated copy 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.

6) Ld. Advocate for petitioner submits that parents of deceased predeceased

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testator/Testatrix and testator was survived by legal heirs, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased.

7) Citation to non-consenting legal heirs of the deceased was issued, which is duly served upon them by sheriff via Postal Service. Accordingly, affidavit of service has been filed by the Ld. Advocate for the petitioner regarding service vide Rule 397 of the Rules. However, nonconsenting legal heirs did not resist the petition.

8) 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 treated as uncontested one.

9) The Will has been proved and probated as recorded herein above. Properties mentioned in the schedule-I of the petition are referred in the Will.

10) Other legatees, namely Kishorilal Shah & Mradula Shah, other than the petitioner have been served with the citation.

11) 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 Authenticated copy of the Will annexed to the petitioner, upon satisfaction that the administration Bond is properly

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executed, as per the Rules, throughout the 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.

07th March 2025 Officer on Special Duty, with Testamentary Department

07th March 2025