Rajesh Rajinder Sehgal vs Raiendrakumar Shorilal… — Succession and Inheritance | Bombay HC (2026)

Rajesh Rajinder Sehgal vs Raiendrakumar Shorilal… — 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 as per the provisions of the Indian Succession Act, 1925; petitioner directed to file an 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 and no caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioner, being the son of the deceased, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +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; accordingly the petition was held deserving of allowance as prayed for.

Ratio / Principle

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; the petition was therefore treated as an uncontested one.

Key takeaways

Petition allowed: 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¶17

Detailed headnote1 paragraphs

Testamentary Petition 90.TP/6116/2025 (Testamentary Department; Officer on Special Duty Shri P. A. Jagdale; decided 06-02-2026): Rajesh Rajinder Sehgal alias Rajesh Rajendra Sehgal, son of the deceased Raiendrakumar Shorilal Sehgal alias Rajendra Sehgal alias Rajinder Sehgal (died married on 05-07-2023 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925 for the deceased's properties shown in Schedule I. Citation was published and notice given to the Collector (Rules 397(1) & (4) and 396, Bombay High Court (O.S.) Rules, 1980); no objections or pending litigation surfaced, the legal heirs consented by affidavit, and an administration bond (Form No. 118) was filed. Treating the petition as uncontested, and noting counsel's submission that under the Hindu Succession Act, 1956 the son is entitled to apply, the court allowed the petition and granted Letters of Administration effective throughout Maharashtra, directing the petitioner to file an account and the office to confirm absence of any cross-petition or caveat before issuing the grant.

1 90.TP/6116/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 06th February, 2026

FOR COMPLIANCE:

90.TP/6116/2025 ) Mr. Kaustubh M. Raut i/b. Amit Nikam, Ld. ) [Original] Advocate for the Petitioner )

(AMH20230017054C20250

P.C.:

Petitioner, namely Rajesh Rajinder Sehgal alias Rajesh Rajendra Sehgal, 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 Raiendrakumar Shorilal Sehgal alias Rajendra Sehgal alias Rajinder Sehgal(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 05-07-2023 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.

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.

2 90.TP/6116/2025

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

Ld. Advocate for the petitioner submitted that in view of provisions of 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 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,

06th February, 2026 Officer on Special Duty, with the Testamentary Department