Hetal Thomas Mathew vs Panchal MANILAl Ranchhodji… — Succession and Inheritance | Bombay HC (2025)

Hetal Thomas Mathew vs Panchal MANILAl Ranchhodji… — 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, under the Indian Succession Act, 1925; petitioner exempted from furnishing the administrative bond, 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 the petitioner, stated to be the daughter and sole class-I heir of the deceased Panchal Manilal Ranchhodji, is entitled to Letters of Administration in respect of the properties left by the deceased under the Indian Succession Act, 1925.

Court's answer

As no one appeared to resist the petitioner's claim and no pending litigation relating to the same properties was brought to notice, the petition is treated as uncontested.

Ratio / Principle

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

Key takeaways

The petition is allowed and Letters of Administration are to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.ratio¶14
The petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶15
Before issuance of the grant, the office is to verify that no cross petition is pending and that no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), decided 13th March 2025 (58.TP/5385/2024): Petition by Hetal Thomas Mathew, daughter and sole class-I heir of the deceased Panchal Manilal Ranchhodji (died 10/10/2019 at Kerala as a widower), for Letters of Administration under the Indian Succession Act, 1925, allowed as uncontested. Citation was affixed on the High Court and Collector's Office (Mumbai) notice boards with 14 days expiring under Rule 397(1) and (4), and notice issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no objector appeared and no pending litigation was reported. Relying on the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner was exempted from furnishing the administrative bond. Grant made subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and to office verification, before issuance of the grant, that no cross petition or caveat is pending.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 13th March 2025

FOR COMPLIANCE:

TP/5385/2024 P. Shri. Prathamesh Gokhale Ld. Advocate for the Petitioner C. : (AMH20240004768 C202400001)

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 Panchal Manilal Ranchhodji (For short “Said deceased”). The petitioner, namely Hetal Thomas Mathew, 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 Widower on 10/10/2019 at Kerala 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. 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 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

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treated as uncontested one.

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

Officer on Special Duty,

13th March 2025 Officer on Special Duty, with Testamentary Department