Dossabhoy Ardeshir Bhiwandiwalla alias Dosu… — Succession and Inheritance | Bombay HC (2025)

Dossabhoy Ardeshir Bhiwandiwalla alias Dosu… — 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 prescribed format as per the provisions of the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office directed to verify, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being the cousin brother of the deceased Colly Pheroze Sanjana, is entitled to seek Letters of Administration for the deceased's properties under the provisions of the Indian Succession Act, 1925. +1 more

Court's answer

Petition allowed; 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.

Ratio / Principle

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

Key takeaways

Despite citation, no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties; the petition was therefore treated as uncontested.ratio¶10
Facts stated by the petitioner on oath remained unchallenged and were required to be accepted, supporting the grant of Letters of Administration to the petitioner as cousin brother of the deceased.ratio¶12

Detailed headnote1 paragraphs

Testamentary Petition TP/980/2025, Bombay High Court (Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department), decided 08th May 2025. Petition under the Indian Succession Act, 1925 for Letters of Administration to the properties of Colly Pheroze Sanjana, who died on 12-06-2021 at Mumbai. Petitioner Dossabhoy Ardeshir Bhiwandiwalla alias Dosu Ardeshir Bhiwandiwalla, cousin brother of the deceased, claimed to be the sole legal heir, invoking Section 55 r/w Schedule-II, Part (II)(4) of the Indian Succession Act, 1925 and detailing the deceased's paternal uncle Khodabux Forbes (died unmarried 26.05.1980) and the descendants of the maternal grandparents. The scheduled property was stated not to be subject matter of the Will executed by the deceased; a grant in TP/3379/2021 was produced (Exhibit-B). Delay was explained vide Rule 382; citation was published and 14 days expired under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, with notice to the Collector under Rule 396; no one contested and no pending litigation was brought to notice. Relying on the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner, as sole heir, was exempted from furnishing the administrative bond. The petition was treated as uncontested and allowed; Letters of Administration were granted for the scheduled properties, with directions to file an account as undertaken in the Petitioner's Oath and for the office to verify the absence of any cross-petition or caveat before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th May 2025

FOR COMPLIANCE:

TP/980/2025 P. Shri. S R Paranjpe a/w Shri. Meherasp Mistry i/b Khaitan & (AMH202300462 C. : Co. Ld. Advocate for the Petitioner 38C202500045)

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 Colly Pheroze Sanjana (For short “Said deceased”). The petitioner, namely Dossabhoy Ardeshir Bhiwandiwalla alias Dosu Ardeshir Bhiwandiwalla, 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 Widow on 12-06-2021 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. The delay has been explained vide Rule 382 of the Rules. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. Petitioner states that as per the Section 55 r/w Schedule-II, Part (II) (4) of the Indian Succession Act, 1925, father of the deceased had one brother namely Khodabux Forbes who died unmarried 26.05.1980. Whereas details of the descendant of the maternal grand parents are stated in para no. 4 and 5 (page no. 12-18) of the petition. Ld. Advocate for the petitioner states that information about the legal heirs is correct. Hence, vide para no. 6 petitioner claims to be sole legal heirs of the deceased. Deceased left properties shown in the schedule-I of the petition. Petitioner states that the deceased had executed a Will, however, subject property of this petition is not subject matter of the Will. The petitioner has produced copy of the grant issued in TP/3379/2021 (Exhibit-B). Submission of

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the petitioner in this regard is acceptable.

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.

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 Indian Succession Act, 1925, the petitioner, being Cousin Brother 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.

08th May 2025 Officer on Special Duty, with Testamentary Department

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