Karan Lachhman Rijhwani vs Kanchan Lachhman Rijhwani — Succession and Inheritance | Bombay HC (2026)

Karan Lachhman Rijhwani vs Kanchan Lachhman Rijhwani — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Karan Lachhman Rijhwani for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner (sole heir) exempted from administrative bond; subject to filing of account as undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross-petition or caveat is pending.

Issue for consideration

Whether Letters of Administration ought to be granted to the petitioner, son of the deceased, for the properties left by the deceased and shown in Schedule I of the petition, under the provisions of the Indian Succession Act, 1925. +1 more

Court's answer

Since no one appeared to resist the petitioner's claim within the citation period and no pending litigation concerning the schedule properties was brought to notice, the petition was treated as an uncontested one.

Ratio / Principle

In view of the order of the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole heir of the deceased, was exempted from furnishing the administrative bond.

Key takeaways

The facts stated by the petitioner on oath, having remained unchallenged, were required to be accepted, and the petition deserved to be allowed as prayed for.ratio¶13
Petition allowed: Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the state of Maharashtra, as per the provisions of the Indian Succession Act, 1925.ratio¶15
The petitioner was directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department, Shri P. A. Jagdale, Officer on Special Duty), 27th February 2026 — 75.TP/2/2026 (compliance): Karan Lachhman Rijhwani, son of the deceased Kanchan Lachhman Rijhwani (who died a divorcee on 01-11-2025 at Mumbai leaving the heirs named in paragraph 4 of the petition), applied for Letters of Administration under the Indian Succession Act, 1925 for the properties listed in Schedule I. Citation affixed on the High Court and Collector's Office notice boards ran its 14-day course under Rule 397(1) and (4), and notice to the Collector issued under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; nobody opposed the claim and no pending litigation touching the properties was brought to notice, so the petition was treated as uncontested. Relying on the Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the sole heir was exempted from furnishing the administrative bond. Counsel's submission that, under the Hindu Succession Act, 1956, the petitioner as son of the deceased was entitled to seek Letters of Administration went unanswered; the sworn facts stood unchallenged and were accepted. The petition was accordingly allowed: Letters of Administration granted in the prescribed format with effect throughout the State of Maharashtra, subject to the petitioner filing the account undertaken in his Oath within the stipulated period and to the office verifying, before issuance of the grant, that no cross-petition or caveat resists the petition.

1 75.TP/2/2026

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 27th February, 2026

FOR COMPLIANCE:

TP/2/2026 ) Shri. Jayant Wani i/b Lakdawala & Co. Ld. Advocate for (AMH20240129954C202500243) ) the Petitioner )

P.C.:

Petitioner, namely Karan Lachhman Rijhwani, has applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely Kanchan Lachhman Rijhwani alias Kanchan Lachman Rijhwani alias Kanchan L. Rijhwani alias Kanchan Lachman Rishwan(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Divorcee on 01-11-2025 at Mumbai leaving behind her 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. The deceased left properties shown in Schedule I of the petition.

Office issued Citation to all concern and same has been 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”). An affidavit to that effect has been filed. Notice to the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

In view of the order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, 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 the petitioner, on oath, remained

2 75.TP/2/2026

unchallenged and required to be accepted. Accordingly, the 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 the prescribed format, having effect throughout the state of Maharashtra as per the provisions of the Indian Succession Act, 1925.

1. The petitioner to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

1. Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

Officer on Special Duty,

27th February, 2026 Officer on Special Duty, with the Testamentary Department