Mohammad Faheem Shaikh vs Deceased Shaik Mohammad… — Succession and Inheritance | Bombay HC (2026)

Mohammad Faheem Shaikh vs Deceased Shaik Mohammad… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Mohammad Faheem Shaikh for the properties left by the deceased and shown in the schedule, effective throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner exempted from furnishing the administrative bond as sole class-I heir; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify before issuance of the grant that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner Mohammad Faheem Shaikh, son of the deceased, is entitled to grant of Letters of Administration in respect of the properties left by the deceased Shaik Mohammad Firoz alias Mohammad Firoz Shaik under the Indian Succession Act, 1925 read with the Muslim Personal Law (Shariat) Application Act, 1937. +1 more

Court's answer

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 / Principle

Despite citation affixed on the Notice Boards of the High Court and the Collector's Office, expiry of 14 days under Rule 397(1) and (4), and notice to the Collector under Rule 396 of the BHC (O.S.) Rules, 1980, no one appeared to resist the claim and nothing was brought to notice regarding pending litigation; hence the petition was treated as an uncontested one.

Key takeaways

In view of the order 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.ratio¶10
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 provisions of the Indian Succession Act, 1925.ratio¶15

Detailed headnote1 paragraphs

Testamentary Petition allowed — Letters of Administration granted (20.01.2026) to Mohammad Faheem Shaikh, son and sole class-I heir of deceased Shaik Mohammad Firoz alias Mohammad Firoz Shaik, who died a widower on 27-06-2024 at Mumbai. Petition under the Indian Succession Act, 1925 treated as uncontested after citation under Rule 397(1) and (4) and notice to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980 drew no opposition; entitlement founded on the Muslim Personal Law (Shariat) Application Act, 1937; administrative bond dispensed with in view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023. Grant effective throughout the State of Maharashtra, conditional on the petitioner filing the account undertaken in his Oath and office verification that no cross-petition or caveat is pending.

1 47.TP/4646/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 20th January 2026

FOR COMPLIANCE:

TP/4646/2025 ) Shri. Prasad Nagaroje Ld. Advocate for the ) (AMH20240004446C2024000 Petitioner ) 07)

P.C.:

Petitioner, namely Mohammad Faheem Shaikh, 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 Shaik Mohammad Firoz alias Mohammad Firoz Shaik,(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 27-06-2024 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.

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 The Muslim Personal Law (Shariat) Application Act, 1937, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by

2 47.TP/4646/2025

the petitioner, 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.

Officer on Special Duty,

20th January 2026 Officer on Special Duty, with the Testamentary Department