Mohammed Asif Abdulla Belgaumwala vs Haji Ali… — Succession and Inheritance | Bombay HC (2025)

Mohammed Asif Abdulla Belgaumwala vs Haji Ali… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra, subject to the petitioners filing an account as undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioners, stated to be sons of the deceased entitled under Muslim personal law, are entitled to the grant of Letters of Administration for the properties left by the deceased. +1 more

Court's answer

The facts stated by the petitioners and the heirs of the deceased on oath remained unchallenged and were required to be accepted.

Ratio / Principle

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

Key takeaways

The petition is allowed and Letters of Administration are granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra, as per the Indian Succession Act, 1925.ratio¶15
The petitioners are 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 filed.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department — 48.TP/4413/2025, decided 09th December, 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petitioners Mohammed Asif Abdulla Belgaumwala and Mohammed Faizan Mohammed Irfan Belgaumwala, sons of the deceased Haji Ali Mohammed Haji Ismail alias Ali Mahomed Haji Ismail Salemah Omed Haji Ismail (stated to have died on 15-12-1947 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925, submitting that under Muslim personal law they, as sons, are entitled to seek the grant. Documents perused included true copy of death certificate, affidavit dispensing with requisition of identity proof, oath in prescribed format and affidavit of service/citation; delay explained vide Rule 382; citation duly affixed on the High Court and Collector's Office notice boards with 14 days expiring vide Rules 397(1) and (4), and Collector notified vide Rule 396, of the Bombay High Court (O.S.) Rules, 1980; nobody resisted the claim and no pending litigation was reported, so the petition was treated as uncontested. Legal heirs consented by affidavits without reserving any right and accepted their relationship inter se; administration Bond in prescribed form No. 118 with surety was filed. Facts stated on oath remained unchallenged and were accepted. HELD: petition allowed — Letters of Administration granted for the scheduled properties, in the prescribed format, having effect throughout the State of Maharashtra; petitioners to file 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.

1 48.TP/4413/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 09th December, 2025

FOR COMPLIANCE:

TP/4413/2025 ) Shri. Sameer Logade Ld. Advocate for the ) (AMH20230041340C2025000 Petitioner ) 66)

P.C.:

Petitioners, namely (1) Mohammed Asif Abdulla Belgaumwala and (2) Mohammed Faizan Mohammed Irfan Belgaumwala, have applied 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 Haji Ali Mohammed Haji Ismail alias Ali Mahomed Haji Ismail Salemah Omed Haji Ismail(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 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 married on 15-12-1947 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. 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 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

2 48.TP/4413/2025

right. Legal heirs have accepted the facts regarding their relationship, inter se. 6) Petitioners have filed the administration Bond in the prescribed form No. 118 with surety.

Ld. Advocate for the petitioners submitted that in view of provisions of the Muslim personal Law, the petitioner, being Sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners 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 petitioners for properties, left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

1. The petitioners 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.

09th December, 2025

Officer on Special Duty, with the Testamentary Department