Anas Ayaz Hussain Shaikh vs Ayaz Anwar Hussain… — Succession and Inheritance | Bombay HC (2026)

Anas Ayaz Hussain Shaikh vs Ayaz Anwar Hussain… — 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, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's 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 the petitioner is entitled to the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925, for the properties left by the deceased. +1 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 shall have effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

Key takeaways

As no one appeared to resist the claim and nothing was brought to notice regarding pending litigation over the properties, the petition was treated as an uncontested one.ratio¶9
Petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond in view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023.ratio¶10
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

Detailed headnote1 paragraphs

Testamentary jurisdiction, Bombay High Court (Testamentary Department / Original Side) — Uncontested petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of AYAZ ANWAR HUSSAIN SHAIKH, who died as a widower on 24-12-2024 at Mumbai leaving legal heirs shown in paragraph 5 of the petition; petitioner ANAS AYAZ HUSSAIN SHAIKH states he is the sole heir. Citation issued and affixed on the High Court and Collector's Office notice boards with 14 days expired under Rule 397(1) and (4), and notice to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one resisted the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. In view of the Court's order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner as sole heir was exempted from furnishing the administrative bond. Counsel invoked The Muslim Personal Law (Shariat) Application Act, 1937, submitting that the petitioner, as son of the deceased, was entitled to seek Letters of Administration. Facts stated on oath remaining unchallenged, the petition was allowed and Letters of Administration were granted for the scheduled properties, effective throughout Maharashtra, subject to the petitioner filing an account as per the Oath and office verification that no cross-petition or caveat is pending before issuance of the grant. Decided 26th February, 2026 by Shri. P. A. Jagdale, Officer on Special Duty, with the Testamentary Department.

1 57.TP/6271/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 26th February, 2026

FOR COMPLIANCE:

TP/6271/2025 ) Ms. Mariyah Khatkhatey Ld. Advocate for the ) (AMH20230031223C2025000 Petitioner ) 07)

P.C.:

Petitioner, namely ANAS AYAZ HUSSAIN SHAIKH, 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 AYAZ ANWAR HUSSAIN SHAIKH(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 Widower on 24-12-2024 at Mumbai 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.

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 heir of the deceased, is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of The Muslim Personal Law (Shariat) Application Act, 1937, the petitioner, being son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by

2 57.TP/6271/2025

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,

26th February, 2026 Officer on Special Duty, with the Testamentary Department