Parul Ketan Shah vs Chhatrapati Narshi Dand Alias… — Succession and Inheritance | Bombay HC (2025)

Parul Ketan Shah vs Chhatrapati Narshi Dand Alias… — 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 prescribed format as per the provisions of the Indian Succession Act, 1925; petitioner to file account as undertaken in Petitioner's Oath within stipulated period; office to verify no cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioner, being the daughter of the deceased and claiming under the Hindu Succession Act, 1956, is entitled to Letters of Administration in respect of the properties left by the deceased under the Indian Succession Act, 1925. +1 more

Court's answer

As citation was duly published and no one appeared to resist the claim, nor was any pending litigation concerning the same properties brought to notice, the petition is treated as uncontested.

Ratio / Principle

In view of the order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged and were accepted; the petitioner, being the daughter of the deceased and entitled under the Hindu Succession Act, 1956, deserves grant of Letters of Administration as prayed for.ratio¶12

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925 — Petitioner PARUL KETAN SHAH, daughter and sole class-I heir of deceased CHHATRAPATI NARSHI DAND @ CHHATRAPATI NARSHIBHAI DAND (died 07-06-2021 at Malkapur, Buldana) — Citation affixed on High Court notice board and Collector's Office, Mumbai; notice to Collector under Rule 396, Bombay High Court (O.S.) Rules, 1980; no appearance or caveat; petition uncontested — Petitioner exempted from administrative bond in view of order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022 — Facts on oath unchallenged; entitlement under Hindu Succession Act, 1956 — Held: Letters of Administration granted for schedule properties; office to verify absence of cross-petition/caveat before issuance of grant.

1 74.TP/4609/2024

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

FOR COMPLIANCE:

TP/4609/2024 P. Ms. Vaishali Karia Ld. Advocate for the Petitioner C. :

[Original] (ECHCBM0208863 1) This is a petition for grant of Letters of Administration, 2024) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely CHHATRAPATI NARSHI DAND @ CHHATRAPATI NARSHIBHAI DAND (For short “Said deceased”). The petitioner, namely PARUL KETAN SHAH, 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 Married on 07-06-2021 at Malkapur, Buldana, 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. Deceased left properties shown in the schedule-I of the petition.

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

2 74.TP/4609/2024

treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I 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 Daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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.

03rd January 2025

Officer on Special Duty,

with Testamentary Department