Dhirendra Haribhai Waghela vs Haribhai Premjibhai… — Succession and Inheritance | Bombay HC (2025)

Dhirendra Haribhai Waghela vs Haribhai Premjibhai… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office is 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 petitioner, son of the deceased Haribhai Premjibhai Waghela alias Harilal Premji, for the properties left by the deceased, under the Indian Succession Act, 1925. +1 more

Court's answer

The petition is allowed and Letters of Administration are granted to the petitioner 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 / Principle

The petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond, in view of the prior orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.

Key takeaways

No one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the scheduled properties; hence the petition is treated as uncontested.ratio¶8
The facts stated by the petitioner on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶12

Detailed headnote1 paragraphs

Testamentary Petition (56.TP/88/2025), Bombay High Court, Testamentary Department, decided 19-03-2025 by Shri P. A. Jagdale, OSD — Indian Succession Act, 1925 — Letters of Administration. Petitioner Dhirendra Haribhai Waghela, son of the deceased Haribhai Premjibhai Waghela alias Harilal Premji (who died a widower on 08-01-1998 at Mumbai, leaving the properties in Schedule-I and the legal heirs listed in para 4 of the petition), sought Letters of Administration. Citation was affixed on the High Court and Collector's Office notice boards and the 14-day period expired (Rules 397(1),(4) and 396, BHC Rules); notice to the Collector issued; no objector appeared and no pending litigation was disclosed, so the petition was uncontested. On prior orders in TP Nos. 2556 & 2559 of 2022 and TP/2918/2023, the petitioner as sole heir was exempted from the administrative bond; Hindu Succession Act, 1956 invoked for heirship of a son. Held: facts sworn on oath unchallenged; petition allowed and Letters of Administration granted, with directions to file the undertaking account and office verification of no cross-petition/caveat before issuance of the grant.

1 56.TP/88/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 19th March 2025

FOR COMPLIANCE:

TP/88/2025 P. Shri. Pravin Kadam Ld. Advocate for the Petitioner C. : (AMH202300470 91C202400010)

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 Haribhai Premjibhai Waghela ALIAS Harilal Premji (For short “Said deceased”). The petitioner, namely Dhirendra Haribhai Waghela, 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 Widower on 08-01-1998 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

2 56.TP/88/2025

treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner being the sole heir of the deceased is exempted from furnishing the administrative bond.

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

19th March 2025 Officer on Special Duty, with Testamentary Department