Bimal Kantilal Doshi vs Bhadresh Kantilal Doshi — Succession and Inheritance | Bombay HC (2025)

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

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, brother of the deceased Bhadresh Kantilal Doshi, for the properties left by the deceased, under the Indian Succession Act, 1925.

Court's answer

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

Ratio / Principle

The petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond in view of the orders passed in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.

Key takeaways

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.ratio¶14
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¶16

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty Shri P. A. Jagdale), 12th November 2025 — 86.TP/4318/2025: Uncontested petition by Bimal Kantilal Doshi, brother and sole heir of the deceased Bhadresh Kantilal Doshi alias Bhadreshbhai Kantilal Doshi (who died a bachelor on 08-06-2023 at Thane), for Letters of Administration under the Indian Succession Act, 1925 in respect of the properties shown in Schedule I of the petition. Citation was affixed on the High Court and Collector's Office (Mumbai) notice boards and 14 days expired under Rule 397(1) and (4), with the Collector noticed under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one appeared and no pending litigation was reported, so the petition was treated as uncontested. Relying on prior orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner was exempted from furnishing the administrative bond. Entitlement was urged under the Hindu Succession Act, 1956 as brother of the deceased. Petition allowed; Letters of Administration granted; petitioner to file an account as undertaken in the Petitioner's Oath; office to verify absence of any cross-petition or caveat before issuance of the grant.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 12th November 2025

FOR COMPLIANCE:

86 TP/4318/2025 P. Shabbir Bagasrawala i/b Logade Sameer Ramesh, Ld. C. : [Original] Advocate for the Petitioner

(AMH202300413 40C202500058)

P.C.:

Petitioner, namely Bimal Kantilal Doshi, 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 Bhadresh Kantilal Doshi alias Bhadreshbhai Kantilal Doshi (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 Bachelor on 08-06-2023 at Thane 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.

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.

In view of the order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Brother of the deceased, is entitled to

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seek a Letters of Administration. Hence, facts stated by the petitioner, 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.

12th November 2025 Officer on Special Duty, with the Testamentary Department