Jayshree Yashodhar Shah vs Yashodhar Champaklal… — Succession and Inheritance | Bombay HC (2025)

Jayshree Yashodhar Shah vs Yashodhar Champaklal… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Jayshree Yashodhar Shah for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner (widow of the deceased) for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

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

Ratio / Principle

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

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty) allowed Testamentary Petition 48.TP/51/2025 on 03.03.2025. Letters of Administration were granted under the Indian Succession Act, 1925 to Jayshree Yashodhar Shah, widow of the deceased Yashodhar Champaklal Shah (alias Yashodhar C. Shah / Yashodhar Shah / Y. C. Shah / Shah Yashodhar Champaklal), who died married on 30-03-2024 at Mumbai leaving the heirs shown in paragraph No. 4 of the petition and the properties in Schedule-I. The petition was treated as uncontested: citation was affixed on the High Court and Collector's Office (Mumbai) notice boards, the 14-day period expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 with affidavit filed, notice to the Collector issued vide Rule 396, and no objection or pending litigation was reported; all legal heirs consented by affidavit without reserving any right, and an Administration Bond in prescribed Form No. 118 was filed with surety. Following counsel's submission invoking the Hindu Succession Act 1956 as to the widow's entitlement, the sworn facts were accepted as unchallenged and the petition allowed as prayed for, subject to filing of account in Petitioner's Oath and office verification, before issuance of the grant, that no cross-petition or caveat is pending.

1 48.TP/51/2025

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

FOR COMPLIANCE:

TP/51/2025 P. C. Ms. Suman Jain Ld. Advocate for the Petitioner : (AMH20240128965 C202400002)

This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Yashodhar Champaklal Shah alias Yashodhar C. Shah alias Yashodhar Shah alias Y. C. Shah alias Shah Yashodhar Champaklal (For short “Said deceased”). The petitioner, namely Jayshree Yashodhar 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 30-03-2024 at Mumbai 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 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 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 48.TP/51/2025

treated as uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

1. Petitioner has filed the administration Bond in 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 Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, 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 March 2025 Officer on Special Duty, with Testamentary Department