Purnima Mahesh Shah vs Mahesh Kasturlal Shah — Succession and Inheritance | Bombay HC (2025)

Purnima Mahesh Shah vs Mahesh Kasturlal Shah — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration to the petitioner for the properties left by the deceased and shown in the schedule, having effect throughout India under the Indian Succession Act, 1925, subject to the petitioner filing an account as per her Oath and to office verification that no caveat or cross-petition is pending before issuance of the grant.

Issue for consideration

Whether Letters of Administration for the estate of the deceased Mahesh Kasturlal Shah should be granted to the petitioner (widow of the deceased) under the Indian Succession Act, 1925.

Court's answer

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

Ratio / Principle

Petition allowed; Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, having effect throughout India, as per the provisions of the Indian Succession Act, 1925.

Key takeaways

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 there is no cross-petition pending and no caveat resisting the petition is filed.ratio¶¶17

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (TP/4016/2025, decided 28-11-2025 by Shri P. A. Jagdale, Officer on Special Duty): Uncontested petition by PURNLMA MAHESH SHAH, widow of the deceased MAHESH KASTURLAL SHAH (died 24-10-2020 at Mumbai), under the Indian Succession Act, 1925 for Letters of Administration to the scheduled properties. Citation duly affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, with 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; Collector notified under Rule 396; delay explained vide Rule 382; legal heirs consented by affidavits without reserving any right; administration bond in prescribed form No. 118 with surety filed. Counsel invoked the Hindu Succession Act, 1956 for the widow's entitlement. Held: the petition is uncontested and is allowed; Letters of Administration granted with effect throughout India; petitioner to file an account as per the oath; office to verify absence of any caveat or cross-petition before issuance of the grant.

1 65.TP/4016/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 28th November 2025

FOR COMPLIANCE:

TP/4016/2025 P. C. : Shri. Tushar Yelkar Ld. Advocate for the Petitioner (AMH2024000477 8C202500001)

P.C.:

Petitioner, namely PURNLMA MAHESH 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 MAHESH KASTURLAL 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 identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a married on 24-10-2020 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.

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 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.

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

2 65.TP/4016/2025

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 India 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.

28th November 2025 Officer on Special Duty, with the Testamentary Department