Sanif Shafi Shaikh vs Fatima Shafi Shaikh (Deceased) — Succession and Inheritance | Bombay HC (2025)

Sanif Shafi Shaikh vs Fatima Shafi Shaikh (Deceased) — 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, as per the provisions of the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath; office to verify absence of any cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, son of the deceased, under the Indian Succession Act, 1925 for the properties left by the deceased Fatima Shafi Shaikh.

Court's answer

Since no one appeared to resist the petitioner's claim during the citation period and no pending litigation over the same properties was brought to notice, the petition is treated as uncontested.

Ratio / Principle

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

Key takeaways

The petition is allowed and Letters of Administration are to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.ratio¶15
Before issuance of the grant, the office is to verify that no cross-petition is pending and that no caveat resisting the petition has been filed.ratio¶17
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), 27.TP/441/2025, decided 17th September 2025 by Shri. P. A. Jagdale, Officer on Special Duty — Uncontested petition for Letters of Administration under the Indian Succession Act, 1925 filed by Sanif Shafi Shaikh, son of the deceased Fatima Shafi Shaikh, who died as a widow at Mumbai on 20/12/2022. Counsel relied on the Muslim Personal Law (Shariat) Application Act, 1937 (Act 26 of 1937) for the petitioner's entitlement as son of the deceased. The citation, affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, expired after 14 days under Rule 397(1) and (4), and notice to the Collector was issued under Rule 396, of the Bombay High Court (O.S.) Rules, 1980, without any appearance against the claim or intimation of pending litigation; the legal heirs consented by affidavits without reserving any right, and an Administration Bond in Form No. 118 with surety was filed. The Officer on Special Duty accepted the unchallenged sworn facts and allowed the petition, granting Letters of Administration for the scheduled properties, while directing the petitioner to file an account as undertaken in the oath and requiring the office to verify that no cross-petition or caveat exists before issuing the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 17th September, 2025

FOR COMPLIANCE:

TP/441/2025 P. Ms. Tabbasum Khan i/b Ramji B. Gupta Ld. Advocate for C. : (AMH202300344 the Petitioner 65C202400004)

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 FATIMA SHAFI SHAIKH (For short “Said deceased”). The petitioner, namely SANIF SHAFI SHAIKH, 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 Widow on 20/12/2022 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. 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

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treated as uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

1. 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 Muslim Personal Law (Shariat) Application Act, 1937 (Act 26 of 1937), the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, 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.

Officer on Special Duty,

17th September, 2025 Officer on Special Duty, with Testamentary Department