Sital Gobindram Bellani vs Gobindram Wadhumal… — Succession and Inheritance | Bombay HC (2026)

Sital Gobindram Bellani vs Gobindram Wadhumal… — 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 under the Indian Succession Act, 1925; subject to the petitioner filing the account undertaken in the oath, office verification before issuance that no cross-petition or caveat exists, and correction/re-upload of the administration bond with corrections initialed by the petitioner, surety and notary.

Issue for consideration

Whether Sital Gobindram Bellani, son of the deceased Gobindram Wadhumal Bellani, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Court's answer

Nothing was brought to the notice of the court regarding pending litigation over the same properties and no one resisted the petitioner's claim; hence the petition is treated as an uncontested one.

Ratio / Principle

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Key takeaways

Letters of Administration were directed to be 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.ratio¶16
Before issuance of the grant, the office was directed to verify that no cross-petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Testamentary Petition No. 57.TP/299/2026 (Testamentary Department): Sital Gobindram Bellani, son of the deceased Gobindram Wadhumal Bellani (who died on 17-10-2005 at Mumbai), applied for Letters of Administration under the Indian Succession Act, 1925 over the properties shown in Schedule I of the petition. Citation was published on the High Court and Collector's Office notice boards and notice was given to the Collector under the Bombay High Court (O.S.) Rules, 1980; the 14-day period expired without objection and the legal heirs consented by affidavits without reserving any right. Treating the petition as uncontested, the Officer on Special Duty (Shri P. A. Jagdale) allowed it on 13th March, 2026, granting Letters of Administration effective throughout Maharashtra, and directed: (i) the petitioner to file the account undertaken in the oath within the stipulated period; (ii) the office to verify before issuance that no cross-petition or caveat is pending; and (iii) the petitioner to correct the second and third dates in the administration bond, re-upload it, and have the corrections initialed by the petitioner, surety and notary.

1 57.TP/299/2026

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 13th March, 2026

FOR COMPLIANCE:

TP/299/2026 ) Shri. Prasad Batavia Ld. Advocate for the Petitioner ) (AMH20230041022C2025000 ) 07)

P.C.:

Petitioner, namely Sital Gobindram Bellani, has/have 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 Gobindram Wadhumal Bellani,(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 married on 17-10-2005 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. 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.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se.

Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

2 57.TP/299/2026

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 and heirs of the deceased, 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.

1. Petitioner to correct the second and third dates in administration bond and reupload the same. Furthermore, corrections must be initialed by the petitioner, surety and notary.

13th March, 2026

Officer on Special Duty, with the Testamentary Department