Bina Ishwar Badlani vs Ishwar Nanikram Badlani… — Succession and Inheritance | Bombay HC (2025)

Bina Ishwar Badlani vs Ishwar Nanikram Badlani… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner (widow of the deceased) for the properties left by the deceased and shown in Schedule-I, in the prescribed format under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in her Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending and that no caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration for the properties left by the deceased Ishwar Nanikram Badlani should be granted to the petitioner, his widow Bina Ishwar Badlani, under the Indian Succession Act, 1925. +1 more

Court's answer

The petition is allowed and Letters of Administration are granted to the petitioner Bina Ishwar Badlani for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925.

Ratio / Principle

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

Key takeaways

The facts stated on oath by the petitioner and the heirs of the deceased had remained unchallenged and were accordingly required to be accepted.ratio¶13

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department) — Uncontested petition (63.TP/809/2025) for Letters of Administration under the Indian Succession Act, 1925 filed by Bina Ishwar Badlani, widow of the deceased Ishwar Nanikram Badlani, who died on 28-08-2022 at Mumbai leaving legal heirs and properties shown in Schedule-I. Citation was duly affixed on the Notice Boards of the High Court and the Collector's Office at Mumbai with 14 days expired vide Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice to the Collector was issued vide Rule 396; delay explained vide Rule 382. All legal heirs consented by affidavits without reserving any right, and the Administration Bond was filed in prescribed Form No. 118 with surety. No one contested the claim and no pending litigation over the properties was reported; facts stated on oath remained unchallenged. Held: the petition is allowed and Letters of Administration are granted to the petitioner for the scheduled properties; the petitioner is to file an account as undertaken in her Oath, and the office must verify absence of any cross-petition or caveat before issuing the grant.

1 63.TP/809/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 04th August, 2025

FOR COMPLIANCE:

TP/809/2025 P. Ms. Sakina Shaikh Ld. Advocate for the Petitioner C. : (AMH202300139 69C202400006)

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 Ishwar Nanikram Badlani (For short “Said deceased”). The petitioner, namely Bina Ishwar Badlani, has filed documents.

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.

Said deceased died as a married on 28-08-2022 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. 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 pertaining to the same properties. Hence, the petition is

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treated as uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

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

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 heirs of the deceased, 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 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.

1. The petitioner 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,

04th August, 2025 Officer on Special Duty, with Testamentary Department