Pushpa Manilal Shah vs Manilal Shamji Shah… — Succession and Inheritance | Bombay HC (2025)

Pushpa Manilal Shah vs Manilal Shamji Shah… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration to the petitioner (Pushpa Manilal Shah, widow of the deceased Manilal Shamji Shah) for the properties left by the deceased and shown in the schedule, under the Indian Succession Act, 1925; petitioner further directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Issue for consideration

Whether the petitioner, being the widow of the deceased Manilal Shamji Shah, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

The facts stated by the petitioner and the heir of the deceased on oath remained unchallenged and were therefore required to be accepted; the legal heir had consented by affidavit to the grant of Letters of Administration without reserving any right, and the petitioner had filed the administration bond in prescribed form No. 118 with surety.

Ratio / Principle

As citation was duly affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, and 14 days expired under Rule 397(1) and (4) of the BHC (O.S.) Rules, 1980, with notice to the Collector under Rule 396, and till date no one appeared to resist the claim nor was any pending litigation brought to notice, the petition is treated as uncontested.

Key takeaways

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¶15
As a condition of the grant, the petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office is to verify that no cross petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Testamentary jurisdiction / Letters of Administration — Indian Succession Act, 1925 — Petition by Pushpa Manilal Shah, widow of deceased Manilal Shamji Shah, who died on 06-05-2020 at Mumbai leaving the legal heirs listed in paragraph 4 of the petition and the properties in Schedule-I — Delay explained vide Rule 382 of the Rules — Citation affixed on the Notice Board of the High Court and of the Collector's Office, Mumbai; 14 days expired vide Rules 397(1) and (4), Bombay High Court (O.S.) Rules, 1980; notice to Collector issued vide Rule 396 — No appearance resisting the claim; no pending litigation reported; petition treated as uncontested — Legal heir consented by affidavit without reserving any right; administration bond filed in prescribed form No. 118 with surety — Counsel relied on the Hindu Succession Act 1956 to contend the widow is entitled to Letters of Administration — Facts on oath unchallenged and accepted — Petition allowed; Letters of Administration granted; petitioner to file account as undertaken in the Oath within stipulated period; office to verify absence of cross-petition or caveat before issuance of the grant.

1 70.TP/990/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th April 2025

FOR COMPLIANCE:

TP/990/2025 P. C. Shri. A S Pagedar Ld. Advocate for the Petitioner : (AMH20240009929 C202500001)

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 Manilal Shamji Shah (For short “Said deceased”). The petitioner, namely Pushpa Manilal Shah, 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 06-05-2020 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 70.TP/990/2025

treated as uncontested one.

Legal heir of the deceased has consented by way of 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.

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 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:

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,

25th April 2025 Officer on Special Duty, with Testamentary Department