Rashida Huseni Doctor vs Fatema Huseni Doctor… — Succession and Inheritance | Bombay HC (2026)

Rashida Huseni Doctor vs Fatema Huseni Doctor… — Succession and Inheritance | Bombay HC (2026)

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, having effect throughout the State of Maharashtra, as per the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office 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 is entitled to be granted Letters of Administration for the properties left by the deceased 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 the prescribed format, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

Since no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.

Key takeaways

In view of the orders 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, was exempted from furnishing the administrative bond.ratio¶9
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
The petitioner, being the daughter of the deceased, was accepted as entitled to seek Letters of Administration in view of the provisions of The Muslim Personal Law (Shariat) Application Act, 1937 (point urged by counsel and accepted as the sworn facts stood unchallenged).

Detailed headnote1 paragraphs

Testamentary petition (62.TP/243/2026, decided 11th March, 2026) before Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department: Rashida Huseni Doctor, daughter and sole heir of the deceased Fatema Huseni Doctor alias Fatemabai H. Doctor alias Doctor Fatema Huseni (who died as a widow on 12-12-2008 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925 to the properties in Schedule I of the petition. Citation was published on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4) and notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; delay was explained vide Rule 382 of the Rules. No one resisted the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. 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. On the submission that, under The Muslim Personal Law (Shariat) Application Act, 1937, the petitioner as daughter of the deceased was entitled to the grant, and as the facts stated on oath remained unchallenged, the petition was allowed: Letters of Administration were granted with effect throughout the State of Maharashtra, the petitioner was directed to file an account as per her Oath, and the office was to verify absence of any cross-petition or caveat before issuance of the grant.

1 62.TP/243/2026

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 11th March, 2026

FOR COMPLIANCE:

TP/243/2026 ) Shri. Hussain Dholkawala Ld. Advocate for the ) (AMH20230021423C2025000 Petitioner ) 20)

P.C.:

Petitioner, namely Rashida Huseni Doctor, 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 Fatema Huseni Doctor alias Fatemabai H. Doctor alias Doctor Fatema Huseni(For short “Said deceased”). 2) 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 Widow on 12-12-2008 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. The delay has been explained vide Rule 382 of the Rules.

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 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 Muslim Personal Law (Shariat) Application Act, 1937, the petitioner, being daughter

2 62.TP/243/2026

of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, on oath, remained 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,

11th March, 2026 Officer on Special Duty, with the Testamentary Department