Shanath Shyamababu Shetty vs Lalitha Shyam Shetty — Succession and Inheritance | Bombay HC (2026)

Shanath Shyamababu Shetty vs Lalitha Shyam Shetty — 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; petitioner exempted from furnishing the administrative bond; petitioner directed to file the account undertaken in the Petitioner's Oath within the stipulated period; office to verify, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition has been filed.

Issue for consideration

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

Court's answer

No one appeared to resist the petitioner's claim and nothing was brought to the Court's notice regarding pending litigation over the same properties; the petition was therefore treated as uncontested.

Ratio / Principle

The petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond, in view of the Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023.

Key takeaways

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¶13
The petition is allowed and Letters of Administration are 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

Detailed headnote1 paragraphs

Testamentary Petition 50.TP/3939/2025 (Bombay High Court, Testamentary Department; decided 24th February, 2026 by Shri. P. A. Jagdale, Officer on Special Duty): Shanath Shyamababu Shetty, son and sole class-I heir of the deceased Lalitha Shyam Shetty (who died a widow on 17-01-2023 at Thane), applied for Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule I of the petition. Citation was published for 14 days under Rules 397(1) and (4) and the Collector was notified under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no objection, caveat or pending litigation was brought to notice, so the petition was treated as uncontested and the sworn facts accepted. Applying the Court's earlier order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner was exempted from furnishing the administrative bond. The petition was allowed and Letters of Administration granted, effective throughout the State of Maharashtra, subject to the petitioner filing the account undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross-petition or caveat is pending.

1 50.TP/3939/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 24th February, 2026

FOR COMPLIANCE:

TP/3939/2025 ) Shri. Nabi Hussain Shaikh i/b Sahu Devki Ld. ) (AMH20230034090C2024000 Advocate for the Petitioner ) 16)

P.C.:

Petitioner, namely Shanath Shyamababu Shetty, 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 Lalitha Shyam Shetty,(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 17-01-2023 at Thane 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 class-I 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 50.TP/3939/2025

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.

24th February, 2026

Officer on Special Duty,