Yogesh Jiwanlal Lakhani vs Kusumben Jiwanlal… — Succession and Inheritance | Bombay HC (2026)

Yogesh Jiwanlal Lakhani vs Kusumben Jiwanlal… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to be issued to the petitioner (right of executor Bhavesh R. Jatakia renounced), to have effect throughout the State of Maharashtra, with the Office first to verify that no cross-petition is pending or caveat is filed.

Issue for consideration

Whether the petition is tenable given that one named executor relinquished executorship, another executor is reported dead, and the petitioner is the sole beneficiary under the Will. +4 more

Court's answer

With executor Bhavesh R. Jatakia having relinquished executorship, executor Sudhir Shah reported dead, and the petitioner being the sole beneficiary under the Will, the court held the petition tenable.

Ratio / Principle

The petitioner explained the delay in terms of Rule 382 of the Bombay High Court (Original Side) Rules, 1980, which the court recorded while proceeding to decide the petition.

Key takeaways

Since nobody appeared to resist the claim and no pending litigation over the same properties was brought to notice despite citation and Collector notice, the petition was treated as uncontested.ratio¶15
Attesting witnesses Chandrakant Tandel and Sunil More, by affidavit in Form No. 102, deposed that the Testatrix signed/affixed her thumb impression in their presence and was in a sound state of mind at the time of execution of the Will.ratio¶16

Detailed headnote1 paragraphs

TESTAMENTARY — High Court, Bombay (Testamentary Department; Shri P. A. Jagdale, Officer on Special Duty), Order dated 12th March, 2026 on 109.TP/5259/2025: Petition of Yogesh Jiwanlal Lakhani, sole legatee and sole son/legal heir (per Hindu Succession Act, 1956) of Testatrix Kusumben Jiwanlal Lakhani, who died at Mumbai on 28-07-2021, for Letters of Administration with Will annexed to her Will duly executed at Mumbai on 19.05.2021, GRANTED. Delay explained vide Rule 382, Bombay High Court (Original Side) Rules, 1980. Executor Bhavesh R. Jatakia relinquished executorship by affidavit (pp. 29–32); co-executor Sudhir Shah reported dead on 07.08.2025 with death certificate filed — petition held tenable. Citation published (Rule 397(1) and (4)) and Collector noticed (Rule 396); no appearance or objection, and no pending litigation over the schedule properties brought to notice — petition treated as uncontested. Attesting witnesses Chandrakant Tandel and Sunil More (affidavit in Form No. 102) deposed to signature/thumb impression in their presence and soundness of mind; witness Tandel confirmed all alterations pre-existed execution and contents were read over to the Testatrix — sufficient compliance of Rules 383 and 419; execution of the Will duly proved. As sole surviving legal heir and sole legatee, petitioner exempted from furnishing an Administration Bond. Letters of Administration ordered with effect throughout the State of Maharashtra, subject to the Office verifying no cross-petition or caveat is pending.

2 109.TP/5259/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 12th March, 2026

FOR COMPLIANCE:

TP/5259/2025 ) Ms. Aditi Parwal i/b Solicis Lex Ld. with ) Advocate for the Petitioner WILL/1743/2025 )

TP/5259/2025 with

P.C.:

1) Petitioner, namely Yogesh Jiwanlal Lakhani, filed this petition for grant of Letters of Administration with Will Annexed, being the sole legatee under the Will executed by Kusumben Jiwanlal Lakhani, (herein after the same is referred to as “Testatrix”), for the grant of a Letters of Administration with Will annexed. The Said Testatrix said to have died at Mumbai on 28-07-2021.

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 & 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 Bhavesh R. Jatakia, has relinquished executorship by filing an affidavit at page No. 29 to 32 of the petition. Another executor, namely Sudhir Shah, is reported to have died on 07.08.2025 and his death certificate has been filed on the record. The petitioner is the sole under the Will. Hence, the petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament, which was duly executed at Mumbai on 19.05.2021, 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 Testatrix is died as Widow and she is survived by her sole son-petitioner, as her legal heirs, whose details are given in the petition’s paragraph No. 11, 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 all Concern was issued and same has been duly affixed

2 109.TP/5259/2025

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.

8) The petitioner has filed the affidavit of Chandrakant Tandel & Sunil More, attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. They deposed that deceased signed the Testament /affixed her thumb impression in their presence and the testatrix 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. According to, attesting witness, namely Chandrakant Tandel, all additions and alteration in a Will were existed at the time of execution and contents of the Will were read over to the testatrix before signing the Will. Hence, there is sufficient compliance of the Rule 383 and 419 of the Rules.

9) Properties mentioned in the schedule-I of the petition are referred in the Will. As the petitioner is sole surviving legal heir and Sole legatee under the Will, he is exempted from furnishing an Administration Bond. 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 Bhavesh R. Jatakia, 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.

12th March, 2026 Officer on Special Duty, with Testamentary Department