Urvashi Premchand Sumaria vs Premchand Hansraj… — Succession and Inheritance | Bombay HC (2025)

Urvashi Premchand Sumaria vs Premchand Hansraj… — 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; petitioner directed to file an account as undertaken in her Oath within the stipulated period; office to verify that no cross-petition is pending or caveat resisting the petition is filed before issuance of the grant.

Issue for consideration

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

Court's answer

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

Ratio / Principle

As no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties, the petition is treated as an uncontested one.

Key takeaways

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

Detailed headnote1 paragraphs

Testamentary Petition 76.TP/4919/2025, Bombay High Court (Testamentary Department), decided 08th December, 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petitioner Urvashi Premchand Sumaria, widow, sought Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Premchand Hansraj Shah alias Premchand Hansraj Sumaria, who died on 14-07-2024 in the United States of America leaving the heirs shown in paragraph 4 of the petition. A Succession Certificate earlier issued had been surrendered. Citation was affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector under Rule 396; no one opposed and the petition was treated as uncontested. Relying on the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, as sole class-I heir, was exempted from furnishing the administrative bond. Invoking the Hindu Succession Act, 1956, the court held the petitioner, as widow, entitled to Letters of Administration; the unchallenged sworn facts were accepted and the petition was allowed. Letters of Administration were granted with effect throughout the State of Maharashtra; the petitioner was directed to file an account as undertaken in her Oath, and the office was directed to verify absence of any cross-petition or caveat before issuance of the grant.

1 76.TP/4919/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 08th December, 2025

FOR COMPLIANCE:

TP/4919/2025 ) Shri. S A Desai Ld. Advocate for the Petitioner ) (AMH20240126839C2025000 ) 13)

P.C.:

Petitioner, namely Urvashi Premchand Sumaria, 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 Premchand Hansraj Shah alias Premchand Hansraj Sumaria(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 identity proof of the deceased, an oath in the prescribed format, affidavit of service citation. Ld. Advocate for the petitioner submitted that Succession Certificate was issued earlier and same is surrendered. 3) Said deceased died as a Married on 14-07-2024 at United State of Amerika 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. 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, 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 The

2 76.TP/4919/2025

Hindu Succession Act, 1956, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, 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 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.

Officer on Special Duty,

08th December, 2025 Officer on Special Duty, with the Testamentary Department