sunil anant salvi vs anant rajaram salvi — Succession and Inheritance | Bombay HC (2026)

sunil anant salvi vs anant rajaram salvi — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Grant of Letters of Administration with Will annexed to petitioner Sunil Anant Salvi, renouncing the right of the executor Anil M. Shah, having effect throughout the State of Maharashtra; issuance subject to the Office verifying that no cross petition is pending and no caveat is filed.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable, the applicant being a legatee under the Will after the named executor relinquished executorship. +2 more

Court's answer

The petition is tenable: the named executor Anil M. Shah relinquished executorship by affidavit (page No. 17 of the petition), and the petitioner is one of the legatees under the Will.

Ratio / Principle

Execution of the Will stands proved on the affidavit of attesting witness Raghu Kantadai alias Dr. K Raghu (Form No. 102), who deposed that the deceased signed the Testament in his presence and that the testator was in a sound state of mind at the time of execution.

Key takeaways

No person resisted the petitioner's claim and nothing was brought to the court's notice regarding pending litigation over the scheduled properties; the petition was accordingly treated as uncontested.ratio¶14
The other legatee Sunita Sunil Salavi consented to the grant of Letters of Administration to the petitioner, and the petitioner executed the administration bond in the prescribed format, clearing the way for the order that follows.ratio¶17
The petition is granted and the Office is directed to issue Letters of Administration with Will annexed to the petitioner, renouncing the right of the executor Anil M. Shah, as per the Rules, having effect throughout the State of Maharashtra.

Detailed headnote1 paragraphs

High Court, Bombay (Testamentary Department), Shri. P. A. Jagdale, Officer on Special Duty, 25th February 2026 - Testamentary Petition TP/3392/2025 of Sunil Anant Salvi, one of the legatees under the last Will and Testament of Anant Rajaram Salvi (testator died at Mumbai on 28-01-2023; Will duly executed at Mumbai on 24.01.2017 in English): GRANTED - Letters of Administration with Will annexed to issue with effect throughout the State of Maharashtra. Basis: (i) named executor Anil M. Shah relinquished executorship by affidavit at page No. 17, making the legatee-petitioner's application tenable; (ii) execution of the Will proved on the Form No. 102 affidavit of attesting witness Raghu Kantadai alias Dr. K Raghu, who deposed that the testator signed the Testament in his presence and was of sound mind; (iii) citation to non-consenting legal heir Sunita Dilip Rokade served 26.08.2025 via RPAD (bailiff affidavits 05.12.2025 and 20.02.2026) drew no resistance, general citation affixed at the High Court and Collector's Office, Mumbai with 14 days expired (Rule 397(1) and (4)) and Collector noticed (Rule 396), BHC (Original Side) Rules 1980; (iv) other legatee Sunita Sunil Salavi consented and the petitioner executed the administration bond. Delay addressed vide Rule 382. Legal-heir particulars recorded as per the provisions of the Hindu Succession Act, 1956 (petitioner and Sunita Rokade named in petition para 09). Issuance conditioned on Office verifying absence of any cross petition or caveat.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 25th February, 2026

FOR COMPLIANCE:

TP/3392/2025 ) Ms. Nazia Rehman Shaikh i/b Puja (AMH20240129394C202500004) ) with Pilankar Ld. Advocate for the Petitioner ) WILL/1304/2025

P.C.:

1) Petitioner, namely Sunil Anant Salvi, filed this petition for grant of Letters of Administration with Will Annexed, being the one of the legatees under the Will executed by Anant Rajaram Salvi (herein after the same is referred to as “Testator”), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 28-01-2023.

2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioner, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

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

4) The executor, namely Anil M. Shah have relinquished executorship by filing an affidavit at page No. 17 of the petition. The petitioner is the one of the legatee under the Will. Hence, the petition is tenable.

5) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 24.01.2017, in English language. The Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

6) Ld. Advocate for the petitioner submits that the testator is survived by petitioner and Sunita Rokade, as his legal heirs, whose details are given in the petition’s paragraph No. 09, as per the provisions of the Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition.

7) Citation to non-consenting legal heirs of the deceased, namely Sunita Dilip Rokade was issued, at the address mentioned in the petition. Citation issued to said Sunita is duly served upon her on 26.08.2025 via RPAD, tracking report is also filed. Furthermore, the petitioner is filed Additional affidavit is filed by bailiff of the office of the sheriff, as per BHC Rules, on 05.12.2025 and additional affidavit affirmed on 20.02.2026. However, non-consenting legal heir did not resist the petition.

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8) Citation to all Concern was issued and same 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.

9) The petitioner has filed the affidavit of Raghu Kantadai alias Dr. K Raghu 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 and the testator was in sound state of mind at the time of execution of the Will. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

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

11) Other legatee, namely Sunita Sunil Salavi, has given consent to grant Letters of Administration to petitioner. 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, renouncing the right of the Executor namely Anil M. Shah, as per the Rules, having effect throughout the 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.

25th February, 2026 Officer on Special Duty, with Testamentary Department