Madhubala Hasmukh Shah v. Hasmukh Mansukhlal Shah
Case brief
What is this about?
Testamentary Petition 65.TP/4741/2025, Bombay High Court, decided 02nd December, 2025 by Shri P. A. Jagdale (Officer on Special Duty, Testamentary Department). Petitioner Madhubala Hasmukh Shah, widow of deceased Hasmukh Mansukhlal Shah (died 22-05-2021 at Mumbai), granted Letters of Administration under the Indian Succession Act, 1925 for Schedule I properties. Uncontested petition: citation published (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980), Collector noticed (Rule 396 BHC Rules), delay explained (Rule 382), legal heirs consented by affidavits, administration bond Form No. 118 filed with surety. Order: petition allowed, LoA effective throughout Maharashtra; petitioner to file account as per oath; office to verify no cross-petition/caveat before grant.
What did the court decide?
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 Indian Succession Act, 1925; the petitioner is directed to file an account as undertaken in her oath within the stipulated period, and before issuance of the grant the office is to verify that no cross-petition is pending or caveat resisting the petition is filed.