Aashish Shashikant Nakhawa and 2 Ors. vs Cyrish… — Succession and Inheritance | Bombay HC (2025)

Aashish Shashikant Nakhawa and 2 Ors. vs Cyrish… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, under the Indian Succession Act, 1925; petitioners 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 the petitioners, stated to be cousin brothers of the deceased, are entitled to seek Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

Petition allowed; Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, in prescribed format under the Indian Succession Act, 1925.

Ratio / Principle

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.

Key takeaways

Since no one appeared to resist the claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.ratio¶10

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (O.S.) — 46.TP/544/2025, decided 21st July 2025 by Shri. P. A. Jagdale, Officer on Special Duty: Uncontested petition for grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by deceased CYRISH VASANT NAKHAWA, who died unmarried on 15-03-2020 at Mumbai, the properties being shown in Schedule-I of the petition. Petitioners Aashish Shashikant Nakhawa, Manoj Yadav Thanekar and Vivek Dattatray Worlikar, stated to be cousin brothers of the deceased; legal heirs consented by affidavits without reserving any right; citation duly affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, and 14 days expired (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); notice to Collector issued (Rule 396); delay explained vide Rule 382; administration bond in prescribed form No. 118 with surety filed. Held: facts stated on oath by the petitioner and heirs remained unchallenged and were accepted; petition allowed and Letters of Administration granted, subject to the petitioners filing an account as undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross-petition is pending or caveat filed.

1 46.TP/544/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 21st July 2025

FOR COMPLIANCE:

TP/544/2025 P. C. Shri. D K Raje Ld. Advocate for the Petitioner :

[Original] (ECHCBM0210193 1) This is a petition for grant of Letters of Administration, 2024) under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely CYRISH VASANT NAKHAWA (For short “Said deceased”). The petitioners, namely (1) AASHISH SHASHIKANT NAKHAWA, (2) MANOJ YADAV THANEKAR and (3) VIVEK DATTATRAY WORLIKAR, have 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 unmarried on 15-03-2020 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. 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

2 46.TP/544/2025

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, interse.

Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the Indian Succession Act, 1925, the petitioners being Cousin Brother 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 petitioners 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 petitioners 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.

21st July 2025

Officer on Special Duty,

with Testamentary Department