Heena Bharat Gala vs Bharat Ravji Gala — Succession and Inheritance | Bombay HC (2025)

Heena Bharat Gala vs Bharat Ravji Gala — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed ordered to be issued to the petitioner Heena Bharat Gala, renouncing the right of the executor Umang Bharat Gala, having effect throughout India; issuance conditioned on office verification that no cross-petition is pending or caveat filed.

Issue for consideration

Whether the petitioner, being the sole legatee under the Will of the deceased testator (with the executor having relinquished executorship), is entitled to be granted Letters of Administration with Will annexed. +1 more

Court's answer

Since the petitioner is the sole legatee under the Will and the named executor Umang Bharat Gala has relinquished executorship by affidavit, the petition is tenable.

Ratio / Principle

On the affidavit of attesting witness Bhavin Mavji Dedhia, there is enough evidence on record to accept the execution of the Will, and the petitioner has succeeded in proving the execution of the Will.

Key takeaways

The court found sufficient compliance of Rule 383 of the Rules in respect of the Will.ratio¶14
No one appeared to resist the petitioner's claim and no pending litigation concerning the same properties was brought to the court's notice; accordingly the petition is treated as uncontested.ratio¶11

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty; order dated 03rd December 2025) on Testamentary Petition 87.TP/4443/2025: Heena Bharat Gala, sole legatee under the Will executed at Mumbai on 23.04.2025 by Bharat Ravji Gala (who died at Mumbai on 27-04-2025), sought Letters of Administration with Will annexed. The named executor, Umang Bharat Gala, relinquished executorship by affidavit (pages 21-29), rendering the petition tenable. Execution of the Will was proved through the affidavit of attesting witness Bhavin Mavji Dedhia in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980, who deposed that the deceased signed the Testament in his presence; the court held there was enough evidence to accept execution and sufficient compliance of Rule 383. Citation was affixed at the High Court and Collector's Office, Mumbai, with 14 days' expiry vide Rule 397(1) and (4) and notice to the Collector vide Rule 396 of the Bombay High Court (O.S.) Rules, 1980; legal heirs consented and waived citation; no opposition or pending litigation surfaced, so the petition was treated as uncontested. ORDER: petition granted; Letters of Administration with Will annexed to be issued to the petitioner, renouncing the executor's right, having effect throughout India, after the office verifies that no cross-petition is pending or caveat filed.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 03rd December 2025

FOR COMPLIANCE:

TP/4443/2025 ) Ms. Kiran Dubey i/b Unison Legal Ld. (AMH20240128080C202500011) ) Advocate for the Petitioner with ) WILL/1717/2025 )

P.C.:

1) Petitioner, namely Heena Bharat Gala, filed this petition, being the sole legatee under the Will executed by Bharat Ravji Gala (herein after the same is referred to as “Testator”), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 27-04-2025.

2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

3) The executor, namely Umang Bharat Gala, has relinquished executorship by filing an affidavit at page No. 21-29 of the petition. The petitioner is the sole legatee under the Will. Hence, the petition is tenable.

4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 23.04.2025, in English language. The Will is handed in separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

5) Ld. The advocate for the petitioner submits that the testator is survived by legal heirs, whose details are given in the petition’s paragraph No. 10, as per the provisions of the Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heirs of the testator have consented to the petition and thereby waived the service of Citation.

6) Citation was issued, which has been duly affixed on the conspicuous part 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 treated as uncontested one.

7) The petitioner has filed the affidavit of Bhavin Mavji Dedhia one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original

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Side) Rules, 1980. He deposed that deceased signed the Testament in his presence. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will. According to him all additions and alteration in a Will were existed at the time of execution before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

8) Properties mentioned in the schedule-I of the petition are referred in the Will.

9) Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed to the petitioner, renouncing the right of the Executor namely Umang Bharat Gala, as per the Rules, having effect throughout India.

3) Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.

03rd December 2025 Officer on Special Duty, with Testamentary Department