Dilip Kumar Shri Gopalji Agarwal vs Basanti Devi… — Succession and Inheritance | Bombay HC (2026)

Dilip Kumar Shri Gopalji Agarwal vs Basanti Devi… — 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.

Issue for consideration

Whether the petitioner, son of the deceased Basanti Devi Shrigopalji Agarwal, is entitled to grant of Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925.

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 deserved to be allowed as prayed for.

Ratio / Principle

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, having effect throughout the State of Maharashtra as per the Indian Succession Act, 1925.

Key takeaways

Petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office is to verify that there is no cross-petition pending and no caveat resisting the petition has been filed.ratio¶17

Detailed headnote1 paragraphs

Testamentary petition (85.TP/6641/2025) under the Indian Succession Act, 1925 for Letters of Administration to the estate of BASANTI DEVI SHRIGOPALJI AGARWAL, who died as a widow on 16-09-2025 at Mumbai; petitioner is her son, DILIP KUMAR SHRI GOPALJI AGARWAL. Citation was issued and affixed on the High Court and Collector's Office notice boards, 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector under Rule 396; no one contested and the petition was treated as uncontested. Legal heirs consented by affidavits without reserving any right; administration bond in Form No. 118 filed with surety. On counsel's submission that, under the Hindu Succession Act, 1956, the petitioner as son of the deceased was entitled to Letters of Administration, the court found the sworn facts unchallenged and allowed the petition. Letters of Administration granted with effect throughout the State of Maharashtra; petitioner to file account as per oath within the stipulated period; office to verify absence of any cross-petition or caveat before issuance of the grant.

1 85.TP/6641/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 25th February, 2026

FOR COMPLIANCE:

TP/6641/2025 ) Ms. Namrata Rayate i/b M G Legal Ld. Advocate ) (AMH20250006142C2025000 for the Petitioner ) 17)

P.C.:

Petitioner, namely DILIP KUMAR SHRI GOPALJI AGARWAL, 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 BASANTI DEVI SHRIGOPALJI AGARWAL(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 16-09-2025 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.

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 85.TP/6641/2025

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,

25th February, 2026 Officer on Special Duty, with the Testamentary Department