Mihir Kanaiyalal Tejani vs Kirtida Tejani alias… — Succession and Inheritance | Bombay HC (2025)

Mihir Kanaiyalal Tejani vs Kirtida Tejani alias… — 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 under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period, subject to office verification that no cross-petition or caveat is pending before issuance of the grant.

Issue for consideration

Whether the petitioner, being the son of the deceased, is entitled to be granted Letters of Administration for the properties left by 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 the notice regarding pending litigation over the same properties, the petition is treated as an uncontested one.

Ratio / Principle

In view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the son of the deceased, is entitled to seek Letters of Administration; the facts stated on oath by the petitioner and the heir of the deceased remained unchallenged and were required to be accepted.

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 as per the provisions of the Indian Succession Act, 1925.ratio¶¶15
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 or caveat resisting the petition.

Detailed headnote1 paragraphs

Uncontested testamentary petition (76.TP/4179/2025) decided on 11th November 2025 by Shri. P. A. Jagdale, Officer on Special Duty, with the Testamentary Department: Mihir Kanaiyaiai Tejani, son of the deceased Kirtida Tejani @ Kirtida Kanaiyalal Tejani (who died a married woman on 28-09-2021 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule I. Delay was explained vide Rule 382; citation ran its 14-day course on the High Court and Collector's Office notice boards vide Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice issued to the Collector vide Rule 396; no claimant appeared and no pending litigation was reported, so the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and the administration bond was filed in prescribed Form No. 118 with surety. Relying on the Hindu Succession Act, 1956, the court held the petitioner, as son of the deceased, entitled to seek Letters of Administration, accepted the sworn facts as unchallenged, allowed the petition, and granted Letters of Administration for the scheduled properties, directing the petitioner to file an account as undertaken in the oath within the stipulated period and the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 76.TP/4179/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 11th November 2025

FOR COMPLIANCE:

TP/4179/2025 P. C. : Ms. Kusum Poojary Ld. Advocate for the Petitioner (AMH2024012834 8C202500019)

P.C.:

Petitioner, namely Mihir Kanaiyaiai Tejani,, has filed this petition 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 Kirtida Tejani @ Kirtida Kanaiyalal Tejani (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 28-09-2021 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 76.TP/4179/2025

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

Officer on Special Duty,

11th November 2025 Officer on Special Duty, with the Testamentary Department