Nimit Bharat Dhabalia vs Late Bharat Ratilal… — Succession and Inheritance | Bombay HC (2026)

Nimit Bharat Dhabalia vs Late Bharat Ratilal… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to the petitioners, to have effect throughout the State of Maharashtra, subject to the office verifying before issuance that no cross Petition is pending or caveat is filed.

Issue for consideration

Whether the petition by the legatees is tenable where no executor has been appointed under the Will. +2 more

Court's answer

Since no executor was appointed under the Will and the petitioners are its legatees, the petition is tenable.

Ratio / Principle

Execution of the Will stands proved: the attesting witness deposed that the deceased signed the Testament in his presence while of sound mind, so there is enough evidence on record to accept the execution of the Will.

Key takeaways

The petition is treated as uncontested: citation having been duly issued and affixed with fourteen days expired, no one appeared to resist the claim nor was any litigation pertaining to the same properties brought to notice.ratio¶14
The petition is granted and the office is directed to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra.ratio¶19
Before issuance of the Letters of Administration with Will, the office is to verify that there is no cross Petition pending or caveat filed.

Detailed headnote1 paragraphs

High Court, Bombay — Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty) — 125. TP/6650/2025 — decided 24th February, 2026. Petitioners Nimit Bharat Dhabalia and Sagar Bharat Dhabalia, legatees under the Will dated 29.11.2020 executed at Mumbai in English by Bharat Ratilal Dhabalia (died at Chennai on 25.03.2023), sought Letters of Administration with Will annexed. As no executor was appointed under the Will, the legatee petition was held tenable. Execution of the Will was proved through the affidavit in Form No.102 of the Bombay High Court (Original Side) Rules, 1980 of attesting witness Bhupesh Vinodbhai Dhabalia, who deposed that the deceased signed the Testament in his presence while of sound mind. Citation was duly affixed on the Hon’ble High Court and the Collector’s Office notice board, Mumbai, and 14 days expired vide Rules 397(1) and (4), with notice to the Collector vide Rule 396 of the BHC (O.S.) Rules, 1980; the surviving legal heir (widow Panna Dhabalia) consented and waived citation; the petition was accordingly uncontested. HELD: petition granted; office to issue Letters of Administration with Will annexed having effect throughout the State of Maharashtra, after verifying that no cross-petition is pending or caveat filed; administration bond already executed by the petitioners.

2 125.TP/6650/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date: 24th February, 2026

FOR COMPLIANCE:

TP/6650/2025

(AMH20240000905C20250001 ) Shri. Devendra Pandey Ld. Advocate for the 5) ) with ) Petitioner WILL/2526/2025

P.C.:

1) Petitioners, namely (1) Nimit Bharat Dhabalia & (2) Sagar Bharat Dhabalia, filed this petition for grant of Letters of Administration with Will Annexed, being the legatees under the Will executed by Bharat Ratilal Dhabalia S/o Ratilal Karsandas Dhabalia (herein after the same is referred to as “Testator”), for the grant of a Letters of Administration with Will annexed. The Said Testator said to have died at Chennai on 25.03.2023.

2) Perused petition. Heard Ld. Advocate for the petitioner. Perused documents. Petitioners, filed the copy of death certificate, an identity proof of the testator, Will and petitioner's oath.

3) No executor has been appointed under the Will. The petitioners are the legatees under the Will. Hence, the petition is tenable.

4) Petitioners stated that the deceased left behind his last Will and Testament, which was duly executed at Mumbai on 29.11.2020, in English language. The Will is handed over separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

5) Ld. Advocate for the petitioners submits that the testator is survived by his widow Panna Dhabalia and petitioners, as his legal heirs, whose details are given in the petition’s paragraph No. 06, as per the provisions of the Hindu Succession Act, 1956. The petitioner affirmed that there are no other legal heirs of the deceased, except as mentioned in the petition. Legal heir of the testator has consented to the petition and thereby waived the service of Citation.

6) Citation to all Concern was issued and same has been duly affixed on the conspicuous part 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”) and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation

2 125.TP/6650/2025

pertaining to the same properties. Hence, the petition is treated as uncontested one.

7) The petitioners have filed the affidavit of Bhupesh Vinodbhai Dhabalia, one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence and the testator was in sound state of mind at the time of execution of the Will. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

8) Properties mentioned in the schedule-I of the petition are referred in the Will. Petitioners have executed the administration Bond in the prescribed format. Hence, following order:

ORDER

1) Petition is granted.

2) Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra.

3) Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.

24th February, 2026 Officer on Special Duty, with Testamentary Department