Dilip Shankerlal Golwala v. Shankerlal Jhinabhai Golwala

1 32.TP/4768/2025 Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 16th March, 2026 FOR COMPLIANCE:

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32. TP/4768/2025 (AMH20240131638C20250 0006) Ms. Isha Gajjar Ld. Advocate for the Petitioner ) ) P.C.:

1) Petitioners, namely (1) Dilip Shankerlal Golwala (2) Ashvinta Rohit Gandhi and

(3) Mamta Nilesh Mody, have 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 (1) Shankerlal Jhinabhai Golwala and (2) Pushpaben Shankarlal Golwala(For short "Said deceased").

2) I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificates of the deceased, an affidavit with document to dispense with the requisition of an identity proof of the deceased No. 2 and an identity proof of the deceased no. 1, an oath in the prescribed format, affidavit of service citation.

3) Said deceased died No. 1 died as a widower on 07.01.2018 at Mumbai and No. 2 died as a married on 01.05.1995 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 5 of the petition. Petitioners state 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) 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.

5) In view of the Order, passed in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the

2 32.TP/4768/2025 surety Bond.

6) Ld. Advocate for the petitioners submitted that in view of provisions of The Hindu Succession Act, 1956, the petitioners, No. 1 being son and No. 2 and 3 being daughters of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, 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 petitioners 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.

2) The petitioners 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. 16th March, 2026 Officer on Special Duty, with the Testamentary Department