Dharmil Ashvin Mehta vs Ashvin Harilal Mehta — Succession and Inheritance | Bombay HC (2026)

Dharmil Ashvin Mehta vs Ashvin Harilal Mehta — 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; petitioner directed to file account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, being the son of the deceased and his sole class-I heir, is entitled to seek Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925. +1 more

Court's answer

The deceased died as a married man on 20-09-2023 at Mumbai, leaving behind legal heirs shown in paragraph No. 4 of the petition and no others besides them, and properties shown in Schedule I of the petition.

Ratio / Principle

Since no one appeared to resist the petitioner's claim and nothing regarding pending litigation about the properties was brought to notice, the petition was treated as uncontested.

Key takeaways

The petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond, in view of the order passed in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023.ratio¶10
The facts stated by the petitioner on oath remained unchallenged and were therefore required to be accepted; accordingly the petition deserved to be allowed as prayed for.ratio¶13

Detailed headnote1 paragraphs

Uncontested testamentary petition (77.TP/5315/2025, Testamentary Department, Bombay High Court) decided on 05th January 2026 by Shri. P. A. Jagdale, Officer on Special Duty. Petitioner Dharmil Ashvin Mehta, son and sole class-I heir of the deceased Ashvin Harilal Mehta (died 20-09-2023 at Mumbai), applied under the Indian Succession Act, 1925 for Letters of Administration over the properties shown in Schedule I. Citation was affixed on the High Court and Collector's Office notice boards and, after the 14-day period under Rule 397(1) and (4) and Collector's notice under Rule 396 of the Bombay High Court (O.S.) Rules, 1980, no one contested the claim. Invoking the Court's 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: Letters of Administration granted with effect throughout the State of Maharashtra, subject to filing of the account as per the Petitioner's Oath and office verification of no pending cross-petition or caveat before issuance of the grant.

1 77.TP/5315/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 05th January 2026

FOR COMPLIANCE:

TP/5315/2025 ) Shri. Chinmay Joshi Ld. Advocate for the Petitioner (AMH20230014218C2025000 ) 04) )

P.C.:

Petitioner, namely Dharmil Ashvin Mehta, 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 Ashvin Harilal Mehta,(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 Married on 20-09-2023 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 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,

2 77.TP/5315/2025

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,

05th January 2026 Officer on Special Duty, with the Testamentary Department