Kantilal Munar Gupta vs Udhi W/O Munnar alias Udhi… — Succession and Inheritance | Bombay HC (2025)

Kantilal Munar Gupta vs Udhi W/O Munnar alias Udhi… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, son of the deceased, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

No one appeared to resist the petitioner's claim and nothing was brought to the notice regarding pending litigation pertaining to the same properties; hence the petition is treated as uncontested.

Ratio / Principle

Facts stated by the petitioner on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Key takeaways

In view of the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP/2918/2023, the petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond.ratio¶11

Detailed headnote1 paragraphs

Testamentary Petition (58.TP/174/2025), Bombay High Court, Testamentary Department (Officer on Special Duty Shri P. A. Jagdale), order dated 08th April 2025 — Petition under the Indian Succession Act, 1925 by Kantilal Munar Gupta, son of the deceased Udhi w/o Munnar @ Udhi Munar Gupta (a widow who died on 10-06-2023 at Nallasopara (East), Palghar), for Letters of Administration in respect of the properties shown in Schedule-I of the petition. Citation was affixed on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector was issued vide Rule 396; no one appeared to resist the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. Relying on orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP/2918/2023, the petitioner, as sole heir, was exempted from furnishing the administrative bond. The facts stated on oath having gone unchallenged, the petition was allowed and Letters of Administration were granted; the petitioner was directed to file an account as undertaken in the Petitioner's Oath within the stipulated period, and the office was directed to verify, before issuance of the grant, that no cross-petition was pending or caveat filed resisting the petition.

1 58.TP/174/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th April 2025

FOR COMPLIANCE:

TP/174/2025 P. C. Shri. P N. Mishra Ld. Advocate for the Petitioner : (AMH20230011309 C202400011)

This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely UDHI W/O MUNNAR @ UDHI MUNAR GUPTA (For short “Said deceased”). The petitioner, namely KANTILAL MUNAR GUPTA, has filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 10-06-2023 at Nallasopara(East), Palghar, 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. Deceased left properties shown in the schedule-I of the petition.

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

In view of order passed by the Hon’ble Court in TP Nos.

2 58.TP/174/2025

2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner being the sole heir of the deceased is exempted from furnishing the administrative bond.

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 petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, 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 prescribed format as per the provisions of the Indian Succession Act, 1925.

1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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

Officer on Special Duty,

08th April 2025 Officer on Special Duty, with Testamentary Department