Ashish Navin Shah v. Navin Khodidas Shah

1 52.TP/2065/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 13th November 2025 FOR COMPLIANCE:

52. TP/2065/2025 P. C. :

Shri. Sudhir Yadav a/w Ms. Vrutika Pandit i/b Karan Gandhi Ld. Advocate for the Petitioner (AMH2024001006 7C202500005) P.C.:

1) Petitioner, namely Ashish Navin Shah, has filed this 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 Navin Khodidas Shah (For short "Said deceased").

2) I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an affidavit with document to dispense with the requisition of, an oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Widower on 09-04-2014 at Mumbai leaving behind him 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 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) Citation to non-consenting legal heir of the deceased namely Sneha Anishkumar Shah was issued, which is duly served by the sheriff vide Rule 399 of the Rules. However, non-consenting legal heir did not resist the petition.

2 52.TP/2065/2025

7) The Hon'ble Court Vide Order dated 08.10.2025 passed in JOT/251/2025 has dispensed with the justification of surety to the administration bond for the share of non-consenting legal heirs.

8) 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 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. 13th November 2025 Officer on Special Duty, with the Testamentary Department