Bhairavi Anil Mawani vs Anil Kantilal Mawani — Succession and Inheritance | Bombay HC (2025)

Bhairavi Anil Mawani vs Anil Kantilal Mawani — 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 India under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, Bhairavi Anil Mawani, daughter of the deceased Anil Kantiial Mawani, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Court's answer

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

Ratio / Principle

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.

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925 — Petitioner Bhairavi Anil Mawani, daughter of the deceased Anil Kantiial Mawani (who died a widower on 22-10-2020 at Mumbai), applied for Letters of Administration for the properties shown in Schedule I of the petition. 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; nobody appeared to resist the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and an administration bond in prescribed form No. 118 with surety was filed. On the submission that under the Hindu Succession Act, 1956 the petitioner, being the daughter of the deceased, was entitled to seek Letters of Administration, the Court held that the facts stated on oath by the petitioner and the heirs remained unchallenged and were required to be accepted, allowed the petition, and granted Letters of Administration having effect throughout India, directing the petitioner to file an account as undertaken in her oath and the office to verify, before issuance of the grant, that no cross-petition or caveat is pending.

1 77.TP/5243/2025

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

FOR COMPLIANCE:

TP/5243/2025 ) Shri. Subhash Khade Ld. Advocate for the ) (AMH20230051402C2025000 Petitioner ) 22)

P.C.:

Petitioner, namely Bhairavi Anil Mawani, 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 Anil Kantiial Mawani(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.

Said deceased died as a Widower on 22-10-2020 at Mumbai leaving behind him legal heir/s, 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. The delay has been explained vide Rule 382 of the Rules.

Office issued Citation to all concern and same has been 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”). 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.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant 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 the prescribed form No. 118 with surety.

2 77.TP/5243/2025

Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being Daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, 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 India 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.

19th December, 2025 Officer on Special Duty, with the Testamentary Department