Nipa Rajnikant Doshi v. Divya Rajnikant Doshi And Rajnikant Fathechandbhai Doshi (Deceased)

1 53.TP/1759/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 10th October, 2025 FOR COMPLIANCE:

53. TP/1759/2025 P. C.

:

Shri. Sudhir Yadav i/b Agrud Partners Ld. Advocate for the Petitioner

1) This is a petition 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 (1) Divya Rajnikant Doshi and

(2) Rajnikant Fathechandbhai Doshi (For short "Said deceased"). The petitioner, namely Kirat Pal s/o Tarsem Lal constituted Attorney of Nipa Rajanikant Doshi & Rajiv Doshi, has filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proofs of both the deceased, an oath in the prescribed format, affidavit of service citation.

3) Said deceased No. 1 died as a married on 27.11.2018 at United States of America and No. 2 deceased no. 2 died as a Widower on 24.04.2019 at United State of America leaving behind them 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. The delay has been explained vide Rule 382 of the Rules.

4) Citation was issued, which has been duly 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") and an affidavit to that effect has been filed. Notice to the collector

2 53.TP/1759/2025 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.

5) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

6) Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956 1956, the petitioner, being Constituted Attorney of (1) NIPA RAJNIKANT DOSHI & (2) RAJIV RAJNIKANT DOSHI of the deceased, are 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 Limited Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in the prescribed format as per the provisions of the Indian Succession Act, 1925.

2) The petitioner to file an account as undertaken in a Petitioner's Oath within the stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

10th October, 2025 Officer on Special Duty, with the Testamentary Department