Abbas Tyebji Dahodwala vs Husenabai Tayebji… — Succession and Inheritance | Bombay HC (2025)

Abbas Tyebji Dahodwala vs Husenabai Tayebji… — 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, under the Indian Succession Act, 1925; subject to filing of account as undertaken in the Petitioner's Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

Issue for consideration

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

Court's answer

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

No one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties; the petition was therefore treated as an uncontested petition.

Key takeaways

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, as per the provisions of the Indian Succession Act, 1925.ratio¶16
The petitioner is directed to file the account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶17
Before issuance of the grant, the office is to verify that no cross-petition is pending and no caveat resisting the petition has been filed.ratio

Detailed headnote1 paragraphs

Uncontested testamentary petition (30.TP/514/2024, Bombay High Court, Testamentary Department, decided 19th June 2025): Letters of Administration sought under the Indian Succession Act, 1925 for the estate of Husenabai Tayebji Dahodwala (also known as Husena Dahodwala/Husena), who died at Mumbai on 16-03-1992, filed by her grandson Huzaifa Aziz Dahodwala. Citation was duly published on the Notice Boards of the High Court and the Collector's Office, Mumbai, with the 14-day period expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector was issued under Rule 396; delay was explained under Rule 382; all legal heirs consented by affidavits without reserving rights; and the administration bond in prescribed Form No. 118 with surety was filed. Relying on the Muslim Personal Law (Shariat) Application Act, 1937 (as submitted by counsel for the petitioner), and finding the sworn facts unchallenged, the court held the petition uncontested, allowed it, and granted Letters of Administration for the scheduled properties, subject to the petitioner filing the account undertaken in his oath and the office verifying, before issuance of the grant, that no cross-petition or caveat is pending.

1 30.TP/514/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 19th June 2025

FOR COMPLIANCE:

30.TP/ 514/2024

P.C Mr. Gautam Dongre, Ld. Advocate for the . Petitioner.

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 Husenabai Tayebji Dahodwala Also known as Husena Dahodwala and also known as Husena (For short “Said deceased”). The petitioner, namely Huzaifa Aziz Dahodwala, 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 16-03-1992 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 13 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. 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 collector has been issued

2 30.TP/514/2024

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 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, inter-se.

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 The Muslim Personal Law (Shariat) Application Act, 1937, the petitioner, being Grand son 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

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.

The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

19th June 2025 Officer on Special Duty, with Testamentary Department