Varsha Bipin Shah vs Bipin Kanchanlal Shah… — Succession and Inheritance | Bombay HC (2025)

Varsha Bipin Shah vs Bipin Kanchanlal Shah… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner, Varsha Bipin Shah, for the properties left by the deceased Bipin Kanchanlal Shah and shown in Schedule I of the petition, subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and to office verification, before issuance of the grant, that no cross-petition or caveat is pending.

Issue for consideration

Whether the petitioner, Varsha Bipin Shah, widow of the deceased Bipin Kanchanlal Shah, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

As no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.

Ratio / Principle

The 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

The Judge's Order no. 225/2025 filed by the petitioner justifying the share of the non-consenting legal heirs was allowed.ratio¶14
The petition is allowed and Letters of Administration are to be granted to the petitioner for the properties left by the deceased and shown in the schedule.ratio¶17
The petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio

Detailed headnote1 paragraphs

Testamentary Petition – Letters of Administration – Indian Succession Act, 1925: Petition by Varsha Bipin Shah, widow of Bipin Kanchanlal Shah (who died at Mumbai on 15-10-2024), for Letters of Administration in respect of the estate shown in Schedule I, allowed as an uncontested matter. Citation was affixed on the High Court and Collector's Office notice boards and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector issued under Rule 396; citation to non-consenting legal heir Nirmala Shah was served under Rule 399 but not resisted; the consenting legal heirs filed affidavits of consent without reserving any right; Judge's Order no. 225/2025 justifying the non-consenting heir's share was allowed; administration bond in Form No. 118 filed with surety. Grant made subject to filing of accounts and verification that no cross-petition or caveat is pending.

1 62.TP/736/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 16th October, 2025

FOR COMPLIANCE:

TP/736/2025 P. C. Shri. Ram Mohite Ld. Advocate for the Petitioner : (AMH20230023285 C202400003)

Petitioner, namely Varsha Bipin Shah, has filed this 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 BIPIN KANCHANLAL SHAH (For short “Said deceased”).

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 15-10-2024 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. The deceased left properties shown in Schedule I of the petition.

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 petition is treated as an uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant

2 62.TP/736/2025

Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se.

Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

Citation to non-consenting legal heirs of the deceased namely Nirmala Shah was issued, which is duly served by the sheriff vide Rule 399 of the Rules. However, non-consenting legal heirs did not resist the petition.

Petitioner has filed the Judge’s Order no. 225/2025 for justifying the share of non-consenting legal heirs and same is allowed.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, 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 petitioner 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 petitioner 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.

16th October, 2025 Officer on Special Duty, with the Testamentary Department