Ashwinkumar Manharlal Dave Constitued Attorney of… — Succession and Inheritance | Bombay HC (2026)

Ashwinkumar Manharlal Dave Constitued Attorney of… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Bhavana Vipul Trivedi for the properties left by the deceased Mahendra Vasantlal Dave and shown in Schedule I of the petition, in the prescribed format, having effect throughout the State of Maharashtra as per the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in her Oath within the stipulated period, and to office verification before issuance of the grant that no cross-petition is pending and no caveat has been filed.

Issue for consideration

Whether Letters of Administration should be granted to petitioner Bhavana Vipul Trivedi, under the provisions of the Indian Succession Act, 1925, for the properties left by the deceased Mahendra Vasantlal Dave. +1 more

Court's answer

Facts stated by the petitioner on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Ratio / Principle

As no one has appeared to resist the petitioner's claim and nothing has been brought to notice regarding pending litigation about the same properties, the petition is treated as an uncontested one.

Key takeaways

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.ratio¶11
Petition allowed and Letters of Administration to be 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, as per the provisions of the Indian Succession Act, 1925.ratio¶16
Petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Testamentary jurisdiction, Bombay High Court — 75.TP/5618/2025, decided 03.02.2026 by Shri P. A. Jagdale, Officer on Special Duty, with the Testamentary Department. Petitioner Bhavana Vipul Trivedi applied for Letters of Administration under the Indian Succession Act, 1925 for the properties left by deceased Mahendra Vasantlal Dave, who died (recorded as married) on 20-04-2013 at Pune, leaving legal heirs shown in paragraph 5 of the petition and properties shown in Schedule I. Citation was affixed on the Notice Boards of the Hon'ble High Court and of the Collector's Office, Mumbai, with 14 days expiring vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector vide Rule 396; delay was explained vide Rule 382. No one contested the claim and no pending litigation over the same properties was brought to notice, so the petition was treated as uncontested. Relying on the Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole class-I heir of the deceased, was exempted from furnishing the administrative bond; her entitlement as daughter of the deceased was urged under The Hindu Succession Act, 1956. Facts stated on oath having remained unchallenged, the petition was allowed and Letters of Administration were ordered to be granted, effective throughout the State of Maharashtra, subject to the petitioner filing an account as undertaken in her Oath within the stipulated period, and to office verification, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition has been filed.

1 75.TP/5618/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 03rd February, 2026

FOR COMPLIANCE:

TP/5618/2025 ) Shri. Sandeep Dhangar i/b Vipul Shukla Ld. ) [Original] Advocate for the Petitioner )

(ECHCBM02040112024)

P.C.:

Petitioner, namely Bhavana Vipul Trivedi, 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 MAHENDRA VASANTLAL DAVE(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 20-04-2013 at Pune leaving behind him legal heirs, shown in the paragraph No. 5 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, 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 Hindu Succession Act, 1956, the petitioner, being daughter of the deceased, is

2 75.TP/5618/2025

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,

03rd February, 2026 Officer on Special Duty, with the Testamentary Department