Smt Harsha Nagraj Naik vs Smt Nisha Anand Naik — Succession and Inheritance | Bombay HC (2026)

Smt Harsha Nagraj Naik vs Smt Nisha Anand Naik — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners 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; subject to the petitioners filing the account undertaken in their Oath and 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 Letters of Administration should be granted to the petitioners, being daughters of the deceased Nisha Anand Naik, for the properties left by the deceased, under the provisions of the Indian Succession Act, 1925.

Court's answer

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

Ratio / Principle

All the legal heirs of the deceased being petitioners, they are exempted from furnishing the surety bond, in view of the Order passed in TP No. 2918/2023.

Key takeaways

Facts stated by the petitioners on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.ratio¶6
Petition allowed: Letters of Administration granted to the petitioners 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¶Order 1
Petitioners directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty Shri P. A. Jagdale), 13th March, 2026 — 50.TP/6346/2025: Uncontested petition under the Indian Succession Act, 1925 by Harsha Nagaraj Naik and Khushi Sachit Gupta, daughters of the deceased Nisha Anand Naik (who died a widow on 04-09-2024 at Mumbai), for Letters of Administration in respect of the properties shown in Schedule I. Citation was affixed on the Notice Boards of the High Court and the Collector's Office, Mumbai, with the 14-day period expiring under Rule 397(1) and (4) and notice issued to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no objector appeared and no pending litigation was reported, so the petition was treated as uncontested. All legal heirs being petitioners, they were exempted from furnishing the surety bond in view of the Order passed in TP No. 2918/2023. Facts sworn on oath remaining unchallenged, the petition was allowed: Letters of Administration granted with effect throughout the State of Maharashtra, subject to the petitioners filing the account undertaken in their Oath and to the office verifying, before issuance, that no cross-petition is pending and no caveat resisting the petition has been filed.

1 50.TP/6346/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 13th March, 2026

FOR COMPLIANCE:

TP/6346/2025 ) Ms. Mayuri Talekar i/b Aditya Mandavakr Ld. ) (AMH20230023359C2025000 Advocate for the Petitioner ) 09)

P.C.:

Petitioners, namely (1) Harsha Nagaraj Naik, and (2) Khushi Sachit Gupta, have 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 Nisha Anand Naik(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 Widow on 04-09-2024 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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 in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of The Hindu Succession Act, 1956, the petitioners, being daughters of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, on

2 50.TP/6346/2025

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 petitioners 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 petitioners 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.

13th March, 2026 Officer on Special Duty, with the Testamentary Department