Chandresh Prabhudas Kotecha vs Damyanti Prabhudas… — Succession and Inheritance | Bombay HC (2025)

Chandresh Prabhudas Kotecha vs Damyanti Prabhudas… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the Schedule, in the prescribed format, effective throughout the State of Maharashtra as per the Indian Succession Act, 1925; petitioners to file account as undertaken in Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify there is no cross-petition pending or caveat resisting the petition.

Issue for consideration

Whether the petitioners, sons of the deceased Damyanti Prabhudas Kotecha, are entitled to be granted Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925. +1 more

Court's answer

Facts stated by the petitioners and heirs of the deceased, on oath, remained unchallenged and were required to be accepted.

Ratio / Principle

As nobody appeared to resist the claim and nothing was brought to notice regarding pending litigation about the same properties, the petition is treated as an uncontested one.

Key takeaways

The petition deserves to be allowed, as prayed for.ratio¶7

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), TP/4132/2025, decided 04th December, 2025 by Shri. P. A. Jagdale, Officer on Special Duty: Petition by Chandresh Prabhudas Kotecha and Brijesh Prabhudas Kotecha, sons of deceased Damyanti Prabhudas Kotecha (widow, died 17-09-2023 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925, allowed as an uncontested matter. Citation was duly affixed on the Notice Board of the Hon'ble High Court and Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, with notice to the Collector under Rule 396; no one appeared to resist and no pending litigation was reported, so the petition was treated as uncontested. Legal heirs consented by affidavits without reserving any right and accepted their relationship inter se; administration bond filed in prescribed Form No. 118 with surety. Facts stated on oath remained unchallenged; grant made effective throughout the State of Maharashtra, subject to filing of account as undertaken in Petitioner's Oath and office verification of absence of cross-petition or caveat before issuance.

1 ….TP/4132/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 04th December, 2025

FOR COMPLIANCE:

TP/4132/2025 P. C. : Ms. Stuti Ladia i/b Trupati Shetty & Associates Ld. (AMH20240134013 Advocate for the Petitioner C202500002)

P.C.:

Petitioners, namely (1) Chandresh Prabhudas Kotecha and (2) Brijesh Prabhudas Kotecha, have 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 Damyanti Prabhudas Kotecha(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 Widow on 17-09-2023 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 6 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.

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.

Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

2 ….TP/4132/2025

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners 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 petitioners for 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.

1. The petitioners 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.

04th December, 2025

Officer on Special Duty, with the Testamentary Department