Beena Kinariwala vs Jayesh Indravadan Dalal… — Succession and Inheritance | Bombay HC (2025)

Beena Kinariwala vs Jayesh Indravadan Dalal… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioners Beena Kinariwala and Rajesh Indravadhan Dalal for the properties left by the deceased Jayesh Indravadan Dalal and shown in the schedule, under the Indian Succession Act, 1925; petitioners to file 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 petitioners, under the Indian Succession Act, 1925, for the properties left by the deceased Jayesh Indravadan Dalal. +1 more

Court's answer

As no one appeared to resist the claim within the citation period and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.

Ratio / Principle

Since, per the order in TP No. 2918/2023, all legal heirs of the deceased are themselves the petitioners, they are exempted from furnishing the surety bond.

Key takeaways

Facts stated by the petitioners on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶15
Letters of Administration are granted to the petitioners 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¶17

Detailed headnote1 paragraphs

Testamentary Petition (31.TP/583/2024), decided 08.01.2025 by Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department — Letters of Administration under the Indian Succession Act, 1925 for the estate of Jayesh Indravadan Dalal, who died unmarried on 28-01-2022 at Mumbai. Petitioners, the sister (Beena Kinariwala) and brother (Rajesh Indravadhan Dalal) of the deceased, claimed entitlement under the Hindu Succession Act, 1956. Citation duly published (Rules 396 and 397(1) & (4), Bombay High Court (O.S.) Rules, 1980); no objection or pending litigation brought to notice; petition treated as uncontested. Surety bond dispensed with since all legal heirs are petitioners (per order in TP No. 2918/2023). Petition allowed; Letters of Administration granted, subject to filing of account and office verification that no cross-petition or caveat is pending before issuance of the grant.

1 31.TP/583/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th January 2025

FOR COMPLIANCE:

TP/583/2024 P. C. Ms. Sakina Shaikh i/b DHARMIN SAMPAT Ld. Advocate for the : [Original] Petitioner

[Original]

(ECHCBM0202145

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 Jayesh Indravadan Dalal (For short “Said deceased”). The petitioners, namely (1) Beena Kinariwala daughter of Indravadan Dalal, (2) Rajesh Indravadhan Dalal, have filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a Unmarried on 28-01-2022 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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.

Citation was issued, which has been duly affixed on the conspicuous part 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 31.TP/583/2024

pertaining to the same properties. Hence, the petition is treated as uncontested one.

In view of the Order, passed in the TP No. 2918/2023, the all legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner No. 1 being sister and No. 2 being brother of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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.

Officer on Special Duty,

08th January 2025 Officer on Special Duty, with Testamentary Department