Jigisha Abhay Gandhi vs Kokila Abhay Gandhi — Succession and Inheritance | Bombay HC (2026)

Jigisha Abhay Gandhi vs Kokila Abhay Gandhi — 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 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 or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner, Jigisha Abhay Gandhi, daughter and sole class-I heir of the deceased Kokila Abhay Gandhi, for the properties left by the deceased.

Court's answer

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

Ratio / Principle

In view of the order passed 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.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged, were required to be accepted, and the petition deserved to be allowed as prayed for.ratio¶¶13
The petition is allowed and Letters of Administration are 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¶¶15

Detailed headnote1 paragraphs

Testamentary Petition (O.S.), decided 16th February, 2026 by Shri P. A. Jagdale, Officer on Special Duty with the Testamentary Department: Petitioner Jigisha Abhay Gandhi, daughter and sole class-I heir of the deceased Kokila Abhay Gandhi (who died a widow on 18-09-2025 at Mumbai), applied for Letters of Administration under the Indian Succession Act, 1925 for the properties in Schedule I of the petition. Citation issued under Rule 397(1) and (4) and notice given to the Collector under Rule 396 of the Bombay High Court (O.S.) Rules, 1980 drew no objection or pending litigation, so the petition was treated as uncontested. Applying the earlier order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner was exempted from furnishing the administrative bond as sole class-I heir; counsel relied on the Hindu Succession Act, 1956 for the daughter's entitlement. The unchallenged facts on oath were accepted and the petition was allowed: Letters of Administration granted with effect throughout the State of Maharashtra, subject to the petitioner filing the account undertaken in the oath and to office verification, before issuance of the grant, that no cross-petition is pending or caveat filed.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 16th February, 2026

FOR COMPLIANCE:

TP/6415/2025 ) Shri. Pranil Pawar i/b Rahul Singh Ld. Advocate ) (AMH20240129060C2025000 for the Petitioner ) 38)

P.C.:

Petitioner, namely JIGISHA ABHAY GANDHI, 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 KOKILA ABHAY GANDHI, (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 18-09-2025 at Mumbai leaving behind her 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.

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 entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, on oath,

2 74.TP/6415/2025

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,

16th February, 2026 Officer on Special Duty, with the Testamentary Department