Jayshree Bhupatrai Pandya vs Arvindbhai Dayabhai… — Succession and Inheritance | Bombay HC (2026)

Jayshree Bhupatrai Pandya vs Arvindbhai Dayabhai… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Limited 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 as per the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and to office verification before issuance of the grant that no cross-petition is pending and no caveat has been filed.

Issue for consideration

Whether the petitioners, through their Constituted Attorney, are entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Arvindbhai Dayabhai Patel alias Arvind D. Patel.

Court's answer

The son and daughter of the deceased, through their Constituted Attorney, are entitled to seek Letters of Administration.

Ratio / Principle

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

Key takeaways

Petition is allowed and the Limited Letters of Administration are to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format.ratio¶15
The grant of Limited Letters of Administration has effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.ratio¶15
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Uncontested testamentary petition (51.TP/4032/2025) before the Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), decided 11th February, 2026: application under the Indian Succession Act, 1925 by Jayshree Bhupatrai Pandya, Constituted Attorney of Rakesh Arvindbhai Patel (son) and Sangeeta Shaileshkumar Patel (daughter) of the deceased Arvindbhai Dayabhai Patel alias Arvind D. Patel, who died a widower on 12-08-2016 at Mumbai, for Letters of Administration to the properties left by him. Citation issued and displayed on the High Court and Collector's Office notice boards, 14 days expiring under Rules 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, with Collector noticed under Rule 396; delay explained vide Rule 382; administration bond in prescribed Form No. 118 filed with surety; no objector appeared, so the petition was treated as uncontested. Held that the facts stated on oath, remaining unchallenged, were to be accepted and that the son and daughter of the deceased through their Constituted Attorney are entitled to seek Letters of Administration. Petition allowed; Limited Letters of Administration granted with effect throughout the State of Maharashtra, subject to filing of the account as undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross-petition is pending and no caveat has been filed.

2 51.TP/4032/2025

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

FOR COMPLIANCE:

TP/4032/2025 ) Shri. R T Kharwar Ld. Advocate for the Petitioner [Original] ) ) (ECHCBM02144832024)

P.C.:

Petitioner, namely Jayshree Bhupatrai Pandya Constituted Attorney of (1) Rakesh Arvindbhai Patel, and (2) Sangeeta Shaileshkumar Patel 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 Arvindbhai Dayabhai Patel alias Arvind D. Patel(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 Widower on 12-08-2016 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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.

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

Ld. Advocate for the petitioner submitted that in view of provisions of Indian

2 51.TP/4032/2025

Succession Act, 1925, the petitioner, being Constituted Attorney of Rakesh Arvindbhai Patel (Son of the deceased) (2) Sangeeta Shaileshkumar Patel (Daughter of the deceased), of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, 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 Limited 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 February, 2026 Officer on Special Duty, with the Testamentary Department