Sharmila Nanik Kalvani vs Nanik Menghraj Kalvani — Succession and Inheritance | Bombay HC (2025)

Sharmila Nanik Kalvani vs Nanik Menghraj Kalvani — 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, effective throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner to file an account as undertaken in the Oath within the stipulated period; office to verify no pending cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, being daughter of the deceased, is entitled to seek and obtain Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Court's answer

The facts stated by the petitioner and the heir of the deceased, on oath, remained unchallenged and were required to be accepted.

Ratio / Principle

The petition deserves to be allowed, as prayed for.

Key takeaways

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¶15
The petitioner is 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 and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Testamentary Petition 67.TP/4543/2025, Bombay High Court (Testamentary Department), decided 24 November 2025 by Shri P. A. Jagdale, Officer on Special Duty. Sharmila Nanik Kalvani (nee Sharmila Rachael Kalvani), daughter of the deceased, petitioned for Letters of Administration under the Indian Succession Act, 1925 over the properties left by Nanik Menghraj Kalvani (died 11.12.2014) and Yolanda Maria Kalvani (died 21.12.2020), both at Buckingham Road, Hampton, Middlesex. Citation was affixed on the High Court and Collector's Office notice boards with 14 days expiring (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); notice was issued to the Collector (Rule 396); delay was explained vide Rule 382. No one contested the claim; the legal heirs consented by affidavits without reserving any right, and an administration bond in prescribed Form No. 118 with surety was filed. Holding the sworn facts unchallenged, the court allowed the petition and granted Letters of Administration effective throughout the State of Maharashtra, directing the petitioner to file an account as undertaken in her oath and the office to verify that no cross-petition or caveat exists before issuance of the grant.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 24th November 2025

FOR COMPLIANCE:

TP/4543/2025 P. Ms. Kiran Singh i/b Ravi Rattesar Ld. Advocate for the C. : (AMH2022000093 Petitioner 4C202400024)

P.C.:

Petitioner, namely SHARMILA NANIK KALVANI Nee Sharmila Rachael Kalvani 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 (i) NANIK MENGHRAJ KALVANI & (ii) YOLANDA MARIA KALVANI (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 an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased No. 1 died as a married on 11.12.2014 at Buckingham Road, Hampton, Middlesex and Deceased no. 2 died as a Widow on 21.12.2020 at Buckingham Road, Hampton, Middlesex, leaving behind them legal heirs, shown in the paragraph No. 5 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

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prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se. 6) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heir 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 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.

24th November 2025 Officer on Special Duty, with the Testamentary Department