Yamini U Shah vs Kiran Dhansukhlal Gheewala… — Succession and Inheritance | Bombay HC (2025)

Yamini U Shah vs Kiran Dhansukhlal Gheewala… — 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 as per the provisions of the Indian Succession Act, 1925; petitioner to file an account as undertaken in the Petitioner's Oath within 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 should be granted to the petitioner under the Indian Succession Act, 1925 for the properties left by the deceased Kiran Dhansukhlal Gheewala. +1 more

Court's answer

No one having appeared to resist the claim and nothing having been brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.

Ratio / Principle

In view of the provisions of the Hindu Succession Act, 1956, the petitioner, being the daughter of the deceased, is entitled to seek Letters of Administration; the court accepted this submission in allowing the petition.

Key takeaways

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¶13
Petition allowed; Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule.ratio¶15

Detailed headnote1 paragraphs

Testamentary Petition (38.TP/5651/2024), Bombay High Court (Testamentary Department) — Petition under the Indian Succession Act, 1925 by Yamini U Shah, daughter of deceased Kiran Dhansukhlal Gheewala (died 05-01-2021 at Georgia), for Letters of Administration to the properties shown in Schedule-I. Citation duly affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai; 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to Collector issued under Rule 396; delay explained under Rule 382. No objection, caveat or pending litigation reported; legal heirs consented by affidavits without reserving any right; administration bond in prescribed Form No. 118 filed with surety. Petition treated as uncontested; petitioner's entitlement as daughter of the deceased accepted with reference to the Hindu Succession Act, 1956. Held: petition allowed and Letters of Administration granted, subject to filing of account as undertaken in the Petitioner's Oath and office verification, before issuance of the grant, that no cross-petition is pending or caveat filed.

1 38.TP/5651/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 22nd August, 2025

FOR COMPLIANCE:

TP/5651/2024 P. Ms. Jagruti M. Bhave i/b Deven Dwarkadas & Co. Ld. C. : [Original] Advocate for the Petitioner

[Original] Advocate for the Petitioner (ECHCBM02143612 023) 1) 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 Kiran Dhansukhlal Gheewala (For short “Said deceased”). The petitioner, namely Yamini U 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 05-01-2021 at Georgia 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

2 38.TP/5651/2024

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 Daughter 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.

22nd August, 2025 Officer on Special Duty, with Testamentary Department

Officer on Special Duty,