Ritesh Mahendra Sanghvi vs Nirupama Mahendra… — Succession and Inheritance | Bombay HC (2026)

Ritesh Mahendra Sanghvi vs Nirupama Mahendra… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner RITESH MAHENDRA SANGHVI for the properties left by the deceased NIRUPAMA MAHENDRA SANGHVI ALIAS NIRU M SANGHVI and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra, under the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in the Petitioner's 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 the petitioner RITESH MAHENDRA SANGHVI, son of the deceased, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased NIRUPAMA MAHENDRA SANGHVI ALIAS NIRU M SANGHVI. +1 more

Court's answer

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 / Principle

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted.

Key takeaways

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 was treated as an uncontested one.ratio¶9
Direction: the petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Direction: 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

Detailed headnote1 paragraphs

Testamentary Petition (Uncontested) — Grant of Letters of Administration: By order dated 26th February, 2026, Shri. P. A. Jagdale, Officer on Special Duty with the Testamentary Department, allowed TP 6723/2025 and granted Letters of Administration, under the Indian Succession Act, 1925, to RITESH MAHENDRA SANGHVI, son of the deceased, for the properties left by NIRUPAMA MAHENDRA SANGHVI ALIAS NIRU M SANGHVI, who died on 08-11-2022 at Mumbai, effective throughout the State of Maharashtra. The Office had issued citation affixed on the notice boards of the High Court and the Collector's Office, Mumbai, with the 14-day period 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 appeared in resistance, no pending litigation or caveat was reported, and the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and an administration bond in prescribed Form No. 118 with surety was filed. Counsel invoked the Hindu Succession Act, 1956 to establish the son's entitlement. Directions: petitioner to file account as per oath; office to verify absence of any cross-petition or caveat before issuance of the grant.

1 72.TP/6723/2025

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

FOR COMPLIANCE:

TP/6723/2025 ) Shri. Mahmood Ali i/b Divya Sanghvi Ld. Advocate ) (AMH20240129017C2025000 for the Petitioner ) 19)

P.C.:

Petitioner, namely RITESH MAHENDRA SANGHVI, 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 NIRUPAMA MAHENDRA SANGHVI ALIAS NIRU M SANGHVI(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 married on 08-11-2022 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 72.TP/6723/2025

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.

26th February, 2026

Officer on Special Duty, with the Testamentary Department