Prasad Vilas Shinde vs Shanta Vithal Shinde… — Succession and Inheritance | Bombay HC (2026)

Prasad Vilas Shinde vs Shanta Vithal Shinde… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to be issued by the Office to the petitioner as per the Rules, having effect throughout the State of Maharashtra, subject to the Office first verifying that no cross petition is pending or caveat is filed.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable where no executor has been appointed under the Will and the petitioner is the sole legatee. +4 more

Court's answer

The petition is tenable because no executor has been appointed under the Will and the petitioner is the sole legatee.

Ratio / Principle

Execution of the Will is proved: on the affidavit of attesting witness Ramnik B. Chauhan (Form No. 102), there is enough evidence on record to accept the execution of the Will.

Key takeaways

The delay in filing the petition is explained under Rule 382 of the Bombay High Court (Original Side) Rules, 1980.ratio¶¶7
Service of citation on the legal heirs is duly completed: the consenting heir waived citation, citation on non-consenting heirs was personally served by bailiff on 12.03.2025 and they did not resist.ratio¶¶11
The petition is treated as uncontested since no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Original Side) — Officer on Special Duty Shri P. A. Jagdale allowed Testamentary Petition 86.TP/2016/2024 filed by PRASAD VILAS SHINDE, sole legatee and sole beneficiary under the Will of SHANTA VITHAL SHINDE (Testatrix, died at Mumbai on 24.02.2008), for Letters of Administration with Will annexed. The Will was stated to have been duly executed at Mumbai on 22.12.2004 in Marathi; no executor was appointed under it, so the petition by the sole legatee was held tenable. Execution was proved through the affidavit of attesting witness RAMNIK B. CHAUHAN in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980, who deposed that the deceased signed the Testament in his presence and that of another witness after going through its contents. Delay in filing was explained under Rule 382 of the said Rules. Consenting heir MEENA VILAS SHINDE waived citation; citation on non-consenting heirs SAVITA SUNIL JADHAV and SANGEETA RAJENDRA NIRABHAVANE was personally served by bailiff on 12.03.2025 and was not resisted; citation to missing heir VILAS VITHAL SHINDE (missing since 18.06.2004, no order under the Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023 having been obtained) was published in FREE PRESS JOURNAL and NAV SHAKTI on 10.12.2025 pursuant to Chamber Order CHOL/563/2025, with affidavit of service under Rule 400 affirmed on 15.12.2025; citation was also affixed on the High Court and Collector's Office notice boards, 14 days expired under Rule 397(1) and (4), and notice was issued to the Collector under Rule 396. No one appeared to resist and the petition was treated as uncontested. The Office was directed to issue Letters of Administration with Will annexed, effective throughout the State of Maharashtra, after verifying that no cross petition or caveat is pending.

1 86.TP/2016/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 09th January 2026

FOR COMPLIANCE:

TP/2016/2024 ) [Original] ) Shri. S B Gracias Ld. Advocate for the (ECHCBM02021162024) ) Petitioner with ) WILL/804/2024 )

P.C.:

This petition is filed by petitioner, being sole beneficiary under the Will executed by SHANTA VITHAL SHINDE (herein after the same is referred to as “Testatrix”), for grant of a Letters of Administration with Will annexed. Said Testatrix said to have died at Mumbai on 24.02.2008. Petitioner, namely PRASAD VILAS SHINDE, filed the copy of death certificate, identity proof of the testator, Will along with its English translation, petitioner's oath.

Perused petition. Heard Ld. Advocate for petitioner. Perused documents. 3. The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short “Rules”).

No executor has been appointed under the Will. The petitioner is the Sole Legatee under the Will. Hence, petition is tenable.

Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 22.12.2004, in Marahi language. In view of the Order of the Hon’ble Court passed in the TP No. 1263/2023, the Ld. Advocate for the petitioner has filed an affidavit stating that the translation of the Will is true translation as per the contents of the Original Will. The Will is handed in separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

Ld. Advocate for petitioner submits that Testatrix is survived by legal heirs, whose details are given in the petition, as per the provisions of Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the petition. Legal heir of the testatrix, namely MEENA VILAS SHINDE, has consented to the petition and thereby waived the service of Citation.

Citation to non-consenting legal heirs of the deceased, namely (1) SAVITA SUNIL JADHAV and (2) SANGEETA RAJENDRA NIRABHAVANE was issued. On 12.03.2025 citation is personally served by bailiff, as per BHC Rules. However, non-consenting legal heirs did not resist the petition.

2 86.TP/2016/2024

The petitioner states that his father, namely VILAS VITHAL SHINDE, is missing since 18.06.2004. However, the petitioner has not obtained the order under provisions of the Indian Evidence Act, 1872 or THE BHARATIYA SAKSHYA ADHINIYAM, 2023. Hence, he has issued the citation to said Vilas Shinde. As said Vilas Shinde is missing, hence, he take out a Chamber order, having CHOL/563/2025. According, the citation issued to said Vilas Shinde is published in the daily newspapers, namely “FREE PRESS JOURNAL” and “NAV SHAKTI” on 10.12.2025. Affidavit of the service of the citation by way of Rule 400 of the BHC Rules, is affirmed on 15.12.2025 and filed in the CIS.

Citation was issued, which has been duly affixed on the conspicuous part 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.

The petitioner has filed the affidavit of RAMNIK B. CHAUHAN one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence as well as presence of another witness, after going through its contents. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

Properties mentioned in the schedule-I of the petition are referred in the Will.

Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout State of Maharashtra.

3) Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.

09th January 2026 Officer on Special Duty, with Testamentary Department

Procedural history

How this case reached the court

AI extract

Prior proceeding
Delay in filing the petition explained under Rule 382 of the Bombay High Court (Original Side) Rules, 1980.¶¶7
Prior proceeding
In view of the order of the Court in TP No. 1263/2023, the petitioner's advocate filed an affidavit that the translation of the Will is a true translation; the original Will was handed in to be kept in safe custody of the Prothonotary and Senior Master, High Court, Bombay.¶¶9
Prior proceeding
Legal heir MEENA VILAS SHINDE consented to the petition and waived service of citation.¶¶10
Prior proceeding
Citation was issued to non-consenting legal heirs SAVITA SUNIL JADHAV and SANGEETA RAJENDRA NIRABHAVANE and personally served by bailiff on 12.03.2025; they did not resist the petition.¶¶11
Prior proceeding
Petitioner's father VILAS VITHAL SHINDE is missing since 18.06.2004; no order under the Indian Evidence Act, 1872 or Bharatiya Sakshya Adhiniyam, 2023 was obtained, so citation was issued to him and, via Chamber Order CHOL/563/2025, published in the daily newspapers FREE PRESS JOURNAL and NAV SHAKTI on 10.12.2025.¶¶13
Prior proceeding
Affidavit of service of citation by publication under Rule 400 of the BHC Rules affirmed on 15.12.2025 and filed in the CIS.¶¶13
Prior proceeding
Citation was affixed on the conspicuous part of the High Court and the notice board of the Collector's Office at Mumbai; 14 days expired under Rule 397(1) and (4) of the BHC (O.S.) Rules, 1980, with affidavit filed; notice was issued to the Collector under Rule 396; no one appeared to resist and no pending litigation over the same properties was brought to notice, so the petition was treated as uncontested.¶¶14
Prior proceeding
Petitioner filed the affidavit of attesting witness RAMNIK B. CHAUHAN in Form No. 102 of the Bombay High Court (Original Side) Rules, 1980, deposing that the deceased signed the Testament in his presence and in the presence of another witness after going through its contents.¶¶15