Shilpa Ganesh Shroff vs Ganesh Hareshwar Shroff… — Succession and Inheritance | Bombay HC (2025)

Shilpa Ganesh Shroff vs Ganesh Hareshwar Shroff… — 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 prescribed format under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, widow of the deceased Ganesh Hareshwar Shroff, is entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

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

Ratio / Principle

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

Key takeaways

In view of the order passed in Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of the minor legal heir Arnav, as the petitioner is the birth parent of the said minor.ratio¶¶11
The minor legal heir of the deceased consented through his natural guardian (his mother, who is also the petitioner) by affidavit to the grant of Letters of Administration, without reserving any right.ratio¶¶10

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (O.S.) — Testamentary Petition 53.TP/417/2025, decided 24th April 2025 by Shri P. A. Jagdale, Officer on Special Duty. Uncontested petition by Shilpa Ganesh Shroff, widow of the deceased Ganesh Hareshwar Shroff (who died on 11-05-2024 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 to the properties shown in Schedule-I. Citation was affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector issued under Rule 396; no appearance or caveat; administration bond in prescribed form No. 118 with surety filed. The minor legal heir, Arnav, consented through his natural guardian (the petitioner-mother) by affidavit without reserving any right; in view of the order in Testamentary Petition No. 1701 of 2017, no requisition was required to justify the minor's share as the petitioner is his birth parent. Counsel invoked the Hindu Succession Act, 1956 to submit the widow's entitlement. Held: the facts stated on oath remained unchallenged and were accepted; the petition was allowed and Letters of Administration granted; the petitioner to file an account as undertaken in her oath, and the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 53.TP/417/2025

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

FOR COMPLIANCE:

TP/417/2025 P. C. Shri. Yogesh Deshpande a/w Shri. Paranv Rane i/b YKD (AMH20230039516 : Associates Ld. Advocate for the Petitioner C202400001)

This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Ganesh Hareshwar Shroff (For short “Said deceased”). The petitioner, namely Shilpa Ganesh Shroff, 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 married on 11-05-2024 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. Deceased left properties shown in the 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 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.

2 53.TP/417/2025

Minor Legal heir of the deceased has consented through his natural guardian i.e. his mother who is also petitioner has 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.

The petitioner being birth patent of the minor has filed affidavit. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, namely Arnav as the petitioner is the birth parent of said minor.

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 Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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.

24th April 2025 Officer on Special Duty, with Testamentary Department