Homi Farrok Kaka vs Farrok Noshirwan Kaka — Succession and Inheritance | Bombay HC (2026)

Homi Farrok Kaka vs Farrok Noshirwan Kaka — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner Homi Farrok Kaka for the properties left by the deceased Farrok Noshirwan Kaka and shown in the schedule, in the prescribed format, having effect throughout India under the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in his oath within the stipulated period, and subject to office verification, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioner, being the son of the deceased, is entitled to the grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased and shown in Schedule I of the petition. +1 more

Court's answer

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; the petitioner, being the son of the deceased, is entitled to seek Letters of Administration under the Indian Succession Act, 1925.

Ratio / Principle

Till the date of the order no one had appeared to resist the petitioner's claim and nothing had been brought to the notice regarding pending litigation about the same properties; accordingly the petition was treated as an uncontested one.

Key takeaways

The petition is allowed and Letters of Administration are granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout India as per the provisions of the Indian Succession Act, 1925.ratio¶17
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶18
Before issuance of the grant, the office is to verify that there is no cross-petition pending and that no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty) — 75.TP/5544/2025, decided 14th January 2026: Homi Farrok Kaka, son of the deceased Farrok Noshirwan Kaka (who died on 12-06-1988 at Bangalore), applied under the Indian Succession Act, 1925 for Letters of Administration to the deceased's properties listed in Schedule I of the petition. Citation was issued and displayed on the notice boards of the High Court and the Collector's Office, Mumbai, and the 14-day period expired without any appearance or objection (Rules 396 and 397(1) and (4), Bombay High Court (O.S.) Rules, 1980); delay was explained vide Rule 382 of the Rules. The legal heirs consented by affidavit without reserving any right, an administration bond in prescribed Form No. 118 was filed with surety, and the accompanying Interim Application IA(L)/20990/2025 was withdrawn. With no one appearing to resist the claim and no pending litigation reported, the petition was treated as uncontested and allowed: Letters of Administration were granted with effect throughout India, conditional upon the petitioner filing an account as per his oath within the stipulated period and upon office verification, before issuance of the grant, that no cross-petition or caveat is pending.

1 75.TP/5544/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 14th January 2026

FOR COMPLIANCE:

TP/5544/2025 ) Ms. Kirtida Chadarana i/b Mahernosh (AMH20240004089C2025000 ) Hummranwala Ld. Advocate for the Petitioner 02) ) ) with ) IA(L)/20990/2025 )

(AMH20240004089C2025000

P.C.:

Petitioner, namely Homi Farrok Kaka, 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 Farrok Noshirwan Kaka(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. Ld. Advocate for the Petitioner submitted that Interim Application is withdrawn today in the mooring. Hence, petition is taken for order.

Said deceased died as a Married on 12-06-1988 at Bangalore 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. 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

2 75.TP/5544/2025

been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se. 6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the the Indian Succession Act, 1925, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, 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 India 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,

14th January 2026 Officer on Special Duty, with the Testamentary Department