Shantaben Ramji Chavda vs Ramjibhai Lavjibhai… — Succession and Inheritance | Bombay HC (2026)

Shantaben Ramji Chavda vs Ramjibhai Lavjibhai… — 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, effective throughout the State of Maharashtra, subject to filing of accounts and office verification of no cross-petition/caveat.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner, widow of the deceased, for the properties left by the deceased and shown in Schedule I of the petition. +1 more

Court's answer

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

Ratio / Principle

The delay in presenting the petition was accepted as explained under Rule 382 of the Rules.

Key takeaways

Facts stated by the petitioner and heirs of the deceased on oath remained unchallenged and were required to be accepted.ratio¶13
Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format.ratio¶15
The grant has effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

Detailed headnote1 paragraphs

Uncontested testamentary petition — Widow (Shantaben Ramji Chavda) seeks Letters of Administration under the Indian Succession Act, 1925 for the estate of her deceased husband, Ramjibhai Lavjibhai Chawda Alias Ramji Lavji Chavda, who died on 06-07-2010 at Mumbai. Citation issued and 14-day period expired under Rules 397(1) and (4) and notice given to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; delay explained under Rule 382; legal heirs consented by affidavits; administration bond in prescribed Form No. 118 filed. Petition allowed; Letters of Administration granted with effect throughout the State of Maharashtra, with directions to file accounts and for the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 67.TP/5725/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 21st January 2026

FOR COMPLIANCE:

TP/5725/2025 ) Ms. Rashmi Parmar Ld. Advocate for the Petitioner ) (AMH20240128903C2025000 ) 11)

P.C.:

Petitioner, namely Shantaben Ramji Chavda, 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 Ramjibhai Lavjibhai Chawda Alias Ramji Lavji Chavda Alias Chawda(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 06-07-2010 at Mumbai leaving behind him legal heir/s, 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 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.

Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

2 67.TP/5725/2025

Ld. Advocate for the petitioner submitted that in view of provisions of the The Hindu Succession Act, 1956, the petitioner, being Widow 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 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,

21st January 2026 Officer on Special Duty, with the Testamentary Department