Digant Akshay Jha and Anr. vs Akshaykumar Janardan… — Succession and Inheritance | Bombay HC (2025)

Digant Akshay Jha and Anr. vs Akshaykumar Janardan… — 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 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 Letters of Administration should be granted to the petitioners under the Indian Succession Act, 1925 for the properties left by the deceased Akshaykumar Janardan Maujilal Jha. +1 more

Court's answer

Since no one appeared to resist the claim of the petitioners and nothing was brought to the notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.

Ratio / Principle

The 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.

Key takeaways

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, as per the provisions of the Indian Succession Act, 1925.ratio¶15

Detailed headnote1 paragraphs

Testamentary Petition (57.TP/5855/2024) under the Indian Succession Act, 1925 — petition by the two sons of the deceased Akshaykumar Janardan Maujilal Jha, who died at Mumbai on 29/03/2018, for Letters of Administration to his estate shown in Schedule I — citation duly affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice issued to the Collector vide Rule 396 — no one appeared to resist the claim and no pending litigation regarding the properties was brought to notice, so the petition was treated as uncontested — surety bond exemption granted since all legal heirs are petitioners, in view of the Order in TP No. 2918/2023 — requisition of inventory of locker dispensed with by Order dated 17.09.2025 — facts stated on oath remained unchallenged and were accepted — petition allowed and Letters of Administration granted, subject to filing of account as per the Petitioner's Oath and office verification of no cross-petition or caveat before issuance of the grant.

1 57.TP/5855/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 09th October, 2025

FOR COMPLIANCE:

TP/5855/2024 P. Shri. Deep Thakkar Ld. Advocate for the Petitioner C. : (AMH2023003499 6C202400011)

This is a petition for the grant of Letters of Administration, under the Provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely Akshaykumar Janardan Maujilal Jha (For short “Said deceased”). The petitioners, namely (1) Digant Akshay Jha, (2) Aviral Akshay Jha, have filed documents.

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a married on 29/03/2018 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. The deceased left properties shown in 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 the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the

2 57.TP/5855/2024

petition is treated as an uncontested one.

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

Vide Order dated 17.09.2025, Hon’ble Court has dispensed with the requisition of the inventory of the locker.

Ld. Advocate for the petitioners submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, on oath, remained unchallenged and required to be accepted. Accordingly, the 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 the prescribed format as per the provisions of the Indian Succession Act, 1925.

1. The petitioners to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

1. Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

09th October, 2025 Officer on Special Duty, with the Testamentary Department