Prabha Parimal Shah vs Prafulla Parimal Shah — Succession and Inheritance | Bombay HC (2025)

Prabha Parimal Shah vs Prafulla Parimal Shah — 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 the prescribed format, having effect throughout the State of Maharashtra as per the Indian Succession Act, 1925; subject to (i) the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and (ii) the office verifying, 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 ought to be granted to the petitioner, the widow of the deceased Prafulla Parimal Shah, for the properties left by the deceased and shown in Schedule I of the petition, under the Indian Succession Act, 1925.

Court's answer

Since no one appeared to resist the claim and nothing was brought to notice regarding pending litigation over the same properties, the petition was treated as an uncontested one.

Ratio / Principle

The facts stated by the petitioner and the heirs 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

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 the prescribed format, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶15

Detailed headnote1 paragraphs

Testamentary Petition 56.TP/3985/2025, Bombay High Court (Testamentary Department), decided 24th November 2025 by Shri. P. A. Jagdale, Officer on Special Duty. Prabha Parimal Shah, widow of the deceased Prafulla Parimal Shah (who died on 18-07-1999 at Mumbai), applied for Letters of Administration under the Indian Succession Act, 1925 for the estate shown in Schedule I of the petition, citing the Hindu Succession Act, 1956 as entitling her as widow. Compliance steps recorded: delay explained vide Rule 382; citation affixed on the High Court and Collector's Office notice boards with 14 days expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector vide Rule 396; legal heir consented by affidavit without reserving any right; administration bond filed in prescribed Form No. 118 with surety. No one contested the claim and no pending litigation over the properties was brought to notice, so the petition was treated as uncontested and the facts stated on oath were accepted. HELD: petition allowed; Letters of Administration granted effective throughout the State of Maharashtra, subject to the petitioner filing an account as undertaken in her oath within the stipulated period and to office verification, before issuance of the grant, that no cross-petition is pending and no caveat has been filed.

1 56.TP/3985/2025

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

FOR COMPLIANCE:

TP/3985/2025 P. Shri. Nitin Jadhav i/b Rajiv Jadhav Ld. Advocate for the C. : (AMH20240128129 Petitioner C202500017)

P.C.:

Petitioner, namely Prabha Parimal Shah, 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 Prafulla Parimal Shah (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 affidavit with document to dispense with the requisition of, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a married on 18-07-1999 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. 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 surety.

2 56.TP/3985/2025

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:

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