Ajay Shambhulal Daiya vs Pravina Shambhulal Daiya — Succession and Inheritance | Bombay HC (2025)

Ajay Shambhulal Daiya vs Pravina Shambhulal Daiya — 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, in the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925; petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify no cross-petition or caveat before issuance of the grant.

Issue for consideration

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

Court's answer

Since nobody appeared to resist the petitioner's claim and nothing was brought to the Court's notice regarding pending litigation over the same properties, the petition is treated as an uncontested one.

Ratio / Principle

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

Key takeaways

In view of the orders 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.ratio¶¶9
Petition allowed; Letters of Administration granted to the petitioner 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 provisions of the Indian Succession Act, 1925.ratio¶¶14
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 (Shri P. A. Jagdale, Officer on Special Duty) — 76.TP/4488/2025, decided 20th November 2025. Ajay Shambhulal Daiya, son of the deceased Pravina Shambhulal Daiya (who died as a widow on 14-05-2025 at Mumbai), applied for Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule I of the petition. Citation was affixed on the High Court and Collector's Office notice boards and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396; nobody contested the claim, so the petition was treated as uncontested. Relying on the Court's earlier orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner as sole heir was exempted from furnishing the administrative bond. Held: the facts stated on oath remained unchallenged and deserved acceptance; petition allowed and Letters of Administration granted with effect throughout the State of Maharashtra; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross-petition or caveat before issuance of the grant.

1 76.TP/4488/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 20th November 2025

FOR COMPLIANCE:

TP/4488/2025 P. C. : Shri. S U Lakdawala i/b Lakdawala & Co. Ld. (AMH2024012995 Advocate for the Petitioner 4C202500153)

P.C.:

Petitioner, namely Ajay Shambhulal Daiya, has 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 Pravina Shambhulal Daiya alias Pravina Shambhu Daiya alias Pravina S. Daiya (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 identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 14-05-2025 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. 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 Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, on oath, remained

2 76.TP/4488/2025

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, having effect throughout the the State of Maharashtra 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.

20th November 2025 Officer on Special Duty, with the Testamentary Department