Manish Amrutlal Nakar vs Bhaniben Chhaganbhai… — Succession and Inheritance | Bombay HC (2025)

Manish Amrutlal Nakar vs Bhaniben Chhaganbhai… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Manish Amrutlal Nakar for the properties left by the deceased and shown in Schedule I of the petition, 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; office directed to verify, before issuance of the grant, that there is no cross-petition pending or caveat resisting the petition.

Issue for consideration

Whether the petitioner, being the grandson of the deceased, is entitled to seek Letters of Administration for the properties left by the deceased. +1 more

Court's answer

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

Ratio / Principle

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

Key takeaways

Letters of Administration were 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; the petitioner was directed to file an account as undertaken in the Petitioner's Oath, and the office was directed, before issuance of the grant, to verify that there is no cross-petition pending or caveat resisting the petition.ratio¶14

Detailed headnote1 paragraphs

Succession - Letters of Administration - Uncontested testamentary petition (TP/4243/2024) before the Officer on Special Duty, Testamentary Department - Petitioner, grandson of the deceased Bhaniben Chhaganbhai Nakar (who died as a widow on 21-08-1997), sought Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule I - Delay in presentation explained vide Rule 382 - Citation duly affixed on the High Court and Collector's Office notice boards, 14 days expired vide Rule 397(1) and (4), notice issued to the Collector vide Rule 396 of the Bombay High Court (O.S.) Rules, 1980 - Nobody appeared to resist the claim and nothing was brought to notice regarding pending litigation over the same properties, so the petition was treated as uncontested - Legal heirs consented by affidavits without reserving any right - Administration Bond filed in prescribed Form No. 118 with surety - In view of the Hindu Succession Act, 1956 the petitioner, being the grandson of the deceased, was found entitled; facts sworn to by the petitioner and heirs remained unchallenged and had to be accepted - Petition allowed and Letters of Administration granted for the scheduled properties; petitioner directed to file account as undertaken in the oath; office directed to verify absence of any cross-petition or caveat before issuance of the grant.

2 56.TP/4243/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 15th October, 2025

FOR COMPLIANCE:

TP/4243/2024 P. C. Shri. Neery B. Chatlani i/b Leela Ranga Ld. Advocate for the : Petitioner

1. Petitioner, namely Manish Amrutlal Nakar, 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 Bhaniben Chhaganbhai Nakar (For short “Said deceased”). 2) 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 identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 21-08-1997 at navapura, Gujrat 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

2 56.TP/4243/2024

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.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Grandson 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 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.

15th October, 2025 Officer on Special Duty, with the Testamentary Department