Gausia Anwar Sayed v. Anwar Ahmad Sayed

Bombay HC1 Mar 2025TP/780/2025

Case brief

AI extract

What is this about?

Letters of Administration; Indian Succession Act 1925; testamentary petition TP; Bombay High Court Testamentary Department; widow petitioner Gausia Anwar Sayed; deceased Anwar Ahmad Sayed; uncontested petition; citation Rule 397(1) and (4) BHC (O.S.) Rules 1980; notice to Collector Rule 396; administration bond Form No. 118 with surety; legal heir consent affidavit; Hindu Succession Act 1956; petition allowed 16th April 2025.

What did the court decide?

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 account as undertaken in the Petitioner's Oath within stipulated period; office to verify no cross-petition pending or caveat filed before issuance of the grant. ¶¶14

Gausia Anwar Sayed vs Anwar Ahmad Sayed — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Letters of Administration should be granted to the petitioner, widow of the deceased Anwar Ahmad Sayed, for the properties left by the deceased, under the provisions of the Indian Succession Act, 1925.

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Court's answer

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

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Ratio / Principle

The facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserves to be allowed as prayed for.

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Detailed headnote1 paragraphs

Uncontested testamentary petition (61.TP/780/2025) under the Indian Succession Act, 1925 before the Officer on Special Duty, Testamentary Department, Bombay High Court: Letters of Administration granted to Gausia Anwar Sayed, widow of deceased Anwar Ahmad Sayed (died 28/03/2024 at Raigarh), for the scheduled properties. Citation was affixed on the High Court and Collector's Office notice boards and 14 days expired under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector issued under Rule 396; no objections received. The sole legal heir consented by affidavit without reserving any right, and the administration bond in Form No. 118 with surety was filed. Facts on oath remaining unchallenged, the petition was allowed as prayed for, subject to verification that no cross-petition or caveat is pending before issuance of the grant.

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1 61.TP/780/2025

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

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FOR COMPLIANCE:

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TP/780/2025 P. Shri. Ravindra Dhond Ld. Advocate for the Petitioner C. : (AMH2024013115 1C202400001)

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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 Anwar Ahmad Sayed (For short “Said deceased”). The petitioner, namely Gausia Anwar Sayed, has filed documents.

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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.

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Said deceased died as a married on 28/03/2024 at Raigarh 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.

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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 treated as uncontested one.

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Legal heir of the deceased has consented by way of

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2 61.TP/780/2025

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Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se. 6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

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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 petitioner and heir of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

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ORDER

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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.

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1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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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.

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Officer on Special Duty,

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16th April 2025 Officer on Special Duty, with Testamentary Department

Gausia Anwar Sayed v. Anwar Ahmad Sayed

Case brief

What is this about?

What did the court decide?

Gausia Anwar Sayed v. Anwar Ahmad Sayed

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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