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

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

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed issued to petitioner Yogesh Jiwanlal Lakhani, having effect throughout the State of Maharashtra, subject to office verification that no cross-petition is pending or caveat is filed.

Issue for consideration

Whether the petitioner, as sole legatee under the Will of the deceased testator, duly proved execution of the Will so as to be entitled to Letters of Administration with Will annexed. +1 more

Court's answer

Execution of the Will is proved: the attesting witness Bhavesh Katakia deposed that the deceased signed the Will in his presence while of sound mind, providing enough evidence to accept execution.

Ratio / Principle

The petition is tenable: the named executor Sudhir Shah is reported to have died on 07.08.2025 (death certificate filed) and the petitioner is the sole legatee under the Will.

Key takeaways

Since no one appeared to resist the claim and nothing was brought to notice regarding pending litigation over the scheduled properties, the petition is treated as uncontested.ratio¶11
With reference to TP No. 4861/2024, the petitioner being the sole legal heir and sole legatee is exempted from execution of an administration bond in the prescribed format.ratio¶15
The petition is granted and the Office is directed to issue Letters of Administration with Will annexed to the petitioner, effective throughout the State of Maharashtra, subject to verification that no cross-petition or caveat is pending.

Detailed headnote1 paragraphs

High Court, Bombay (Testamentary Department) — T.P. 5260/2025, order dated 20th January 2026 by Shri. P. A. Jagdale, OSD: Petition of Yogesh Jiwanlal Lakhani, son and sole legal heir and sole legatee under the Will executed at Mumbai on 01.11.2019 by Jiwanlal Vanamalidas Lakhani (reported to have died at Mumbai on 08.11.2020), for Letters of Administration with Will annexed, granted. The named executor Sudhir Shah is reported to have died on 07.08.2025 (death certificate filed), rendering the petition tenable. Execution of the Will was accepted on the affidavit (Form No.102, Bombay High Court (Original Side) Rules, 1980) of attesting witness Bhavesh Katakia, who deposed the testator signed in his presence and was of sound mind. Citation was affixed and 14 days expired under Rule 397(1) and (4), and the Collector was noticed under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one resisted the claim and no pending litigation was reported, so the petition was treated as uncontested. Referring to TP No. 4861/2024, the petitioner as sole legal heir and sole legatee was exempted from executing an administration bond. The Office was directed to issue Letters of Administration with Will annexed effective throughout Maharashtra after verifying that no cross-petition or caveat is pending.

2 103.TP/5260/2025

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

FOR COMPLIANCE:

TP/5260/2025 ) Ms. Pratima Saundalkar a/w Ms. Aditi with ) Parwal Ld. Advocate for the Petitioner WILL/1744/2025 )

P.C.:

1) Petitioner, namely Yogesh Jiwanlal Lakhani, filed this petition, being the sole legatee under the Will executed by Jiwanlal Vanamalidas Lakhani (herein after the same is referred to as “Testator”), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Mumbai on 08.11.2020.

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 and petitioner's oath.

3) The 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.

4) Petitioner stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 01.11.2019, 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.

5) Ld. Advocate for the petitioner submits that the testator is survived by petitioner as his son and sole legal heir, whose details are given in the petition’s paragraph No. 10, 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.

6) Citation to all Concern was issued and same has been duly affixed 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.

7) The petitioner has filed the affidavit of Bhavesh Katakia one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side)

2 103.TP/5260/2025

Rules, 1980. He deposed that deceased signed the Testament in his presence and the deceased 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.

8) Properties mentioned in the schedule-I of the petition are referred in the Will. In view TP No. 4861/2024, Petitioner is the sole legal heir and sole legatee and therefore he is exempted from execution of an administration Bond in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed to the petitioner, 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.

20th January 2026

Officer on Special Duty,

with Testamentary Department