Rajkumar Ramchand Chopra vs Usharani Ramchand… — Succession and Inheritance | Bombay HC (2026)

Rajkumar Ramchand Chopra vs Usharani Ramchand… — 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, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner’s Oath within the stipulated period; before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner, son of the deceased Usharani Ramchand Chopra, for the properties left by her, under the Indian Succession Act, 1925.

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 Indian Succession Act, 1925.

Ratio / Principle

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

Since no one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.ratio¶¶9

Detailed headnote1 paragraphs

Testamentary — Letters of Administration — Indian Succession Act, 1925 — Petition by son of deceased widow Usharani Ramchand Chopra alias Mrs. Usharani Manchand Chopra, who died on 23-11-2022 at Mumbai — Citation issued and affixed on Notice Boards of the High Court and Collector's Office, Mumbai; 14 days expired under Rule 397(1) and (4), notice to Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980 — No contestant appeared; no pending litigation brought to notice; petition treated as uncontested — Legal heirs consented by affidavits without reserving any right — Administration Bond in prescribed Form No. 118 filed with surety — Entitlement under Hindu Succession Act, 1956 noted as son of deceased — Facts on oath unchallenged — Held: Petition allowed; Letters of Administration granted for scheduled properties, effective throughout Maharashtra, subject to filing of account as per Petitioner's Oath and office verification of no cross-petition or caveat before issuance of grant.

1 42.TP/3431/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 23rd March 2026

FOR COMPLIANCE:

TP/3431/2025 ) Ms. Swati Jaiswal i/b Sagar Shahani Ld. ) [Original] Advocate for the Petitioner ) (ECHCBM02122182024)

P.C.:

Petitioner, namely Rajkumar Ramchand Chopra, 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 Usharani Ramchand Chopra alias Mrs. Usharani Manchand Chopra(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 Widow on 23-11-2022 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.

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

2 42.TP/3431/2025

surety.

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.

23rd March 2026

Officer on Special Duty, with the Testamentary Department