Mr Paresh Vinod Bhansali vs Ajay Vinod Bhansali — Succession and Inheritance | Bombay HC (2026)

Mr Paresh Vinod Bhansali vs Ajay Vinod Bhansali — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Paresh Vinod Bhansali for the properties left by deceased Ajay Vinod Bhansali and Anjana Vinod Bhansali (Schedule I of the petition), in the prescribed format, effective throughout the State of Maharashtra under the provisions of the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in his Oath within the stipulated period; office to verify absence of any pending cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration should be granted to petitioner Paresh Vinod Bhansali, under the Indian Succession Act, 1925, for the properties left by the two deceased and shown in Schedule I of the petition. +2 more

Court's answer

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.

Ratio / Principle

The grant is to have effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.

Key takeaways

As nobody appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation about the same properties, the petition was dealt with as an uncontested one.ratio¶9
The facts stated by the petitioner on oath — that, as brother of deceased No. 1 and son of deceased No. 2, he is entitled to seek Letters of Administration in view of the provisions of the Hindu Succession Act, 1956 — remained unchallenged and were required to be accepted.ratio¶13
The petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond, in view of the court's earlier orders in TP Nos. 2556 & 2559 of 2022 (dated 28.02.2023) and TP/2918/2023.

Detailed headnote1 paragraphs

Testamentary petition 54.TP/5381/2025, order dated 12th January 2026, decided by Shri P. A. Jagdale, Officer on Special Duty, with the Testamentary Department. Petitioner Paresh Vinod Bhansali — brother of deceased No. 1 Ajay Vinod Bhansali (died unmarried on 29.07.2020 at Mumbai) and son of deceased No. 2 Anjana Vinod Bhansali (died on 23.03.2023 at Mumbai) — applied for Letters of Administration under the provisions of the Indian Succession Act, 1925 (“IS Act”) for the properties left by the deceased and shown in Schedule I of the petition. Citation was issued and affixed on the High Court and Collector's Office notice boards, with 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 (“BHC Rules”), notice to the Collector under Rule 396 of the BHC Rules, and delay explained vide Rule 382 of the Rules; nobody appeared to resist the claim and no pending litigation over the properties was reported, so the petition was treated as an uncontested one. In view of the court's earlier orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP/2918/2023, the petitioner, being the sole heir of the deceased, was exempted from furnishing the administrative bond; entitlement was canvassed under the provisions of the Hindu Succession Act, 1956, and the facts stated on oath remained unchallenged and were accepted. Held: the petition deserves to be allowed, as prayed for — Letters of Administration granted to the petitioner for the scheduled properties, in the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925; the petitioner to file an account as undertaken in his Oath within the stipulated period; and before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition.

1 54.TP/5381/2025

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

FOR COMPLIANCE:

TP/5381/2025 ) Shri. Prakash Israni Ld. Advocate for the Petitioner ) (AMH20210045467C202500003) )

P.C.:

Petitioner, namely PARESH VINOD BHANSALI, 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 (1) Ajay Vinod Bhansali & (2) Anjana Vinod Bhansali(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificates of both the deceased, an identity proofs of both the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased No. 1 died as unmarried on 29.07.2020 at Mumbai and Deceased No 2 died on 23.03.2023 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 8 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. 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.

In view of the order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being brother of deceased No.1 and Son of the

2 54.TP/5381/2025

deceased No.2 of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by 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,

12th January 2026 Officer on Special Duty, with the Testamentary Department