Mohammed Aslam Ismail Shaikh and Anr. vs Mohmmad… — Succession and Inheritance | Bombay HC (2025)

Mohammed Aslam Ismail Shaikh and Anr. vs Mohmmad… — 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, in the prescribed format as per the provisions of the Indian Succession Act, 1925; petitioners to file account as undertaken in the Petitioner's Oath within stipulated period; office to verify absence of cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration ought to be granted to the petitioners, sons and legal heirs of the deceased Mohmmad Ismail Shaikh alias Mohammad Ismail, for the properties left by him, under the Indian Succession Act, 1925. +1 more

Court's answer

Since no one had 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 / Principle

All legal heirs of the deceased being petitioners (in view of the order in TP No. 2918/2023), they were 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¶12
Petition allowed; Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925, subject to filing of account as undertaken in the Petitioner's Oath and office verification that no cross-petition or caveat exists before issuance of the grant.ratio¶14

Detailed headnote1 paragraphs

Testamentary Petition (TP) — Letters of Administration — Indian Succession Act, 1925 — Petitioners, sons and sole legal heirs of deceased Mohmmad Ismail Shaikh alias Mohammad Ismail (died unmarried/married status recorded as married on 24/10/1992 at Mumbai), sought Letters of Administration for scheduled properties. Citation duly published on Notice Boards of the High Court and Collector's Office, Mumbai; notice issued to Collector; no one appeared to resist; petition treated as uncontested. Facts on oath unchallenged and accepted; surety bond exempted as all legal heirs are petitioners (per order in TP No. 2918/2023); entitlement urged under Muslim Personal Law (Shariat) Application Act, 1937. Petition allowed; Letters of Administration granted, subject to filing of account and office verification of no cross-petition/caveat.

1 24.TP/583/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 12th September, 2025

FOR COMPLIANCE:

TP/583/2025 P. Ms. Pushpa Thapa Ld. Advocate for the Petitioner C. : (AMH202300206 51C202400023)

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 Mohmmad Ismail Shaikh alias Mohammad Ismail (For short “Said deceased”). The petitioners, namely (1) Mohammed Aslam Ismail Shaikh (2) Yusuf Ismail Shaikh, 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 Married on 24/10/1992 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. 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 24.TP/583/2025

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 Muslim Personal Law (Shariat) Application Act, 1937 (Act 26 of 1937), the petitioner, being Sons 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,

12th September, 2025 Officer on Special Duty, with Testamentary Department