Madhukanta Kanubhai shah vs Kanubhai Moolchanddas… — Succession and Inheritance | Bombay HC (2025)

Madhukanta Kanubhai shah vs Kanubhai Moolchanddas… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner (Madhukanta Kanubhai Shah, widow of the deceased) for the properties left by the deceased and shown in Schedule-I, in the prescribed format under the Indian Succession Act, 1925; petitioner exempted from furnishing the administrative bond; petitioner to file an account as undertaken in the Petitioner's Oath within the 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 Letters of Administration should be granted to the petitioner, widow of the deceased Kanubhai Moolchanddas Shah, for the properties left by the deceased and shown in Schedule-I of the petition, under the Indian Succession Act, 1925. +1 more

Court's answer

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 as per the provisions of the Indian Succession Act, 1925.

Ratio / Principle

In view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.

Key takeaways

Since no one appeared to resist the petitioner's claim and no pending litigation concerning the same properties was brought to notice, the petition was treated as uncontested, and the facts stated by the petitioner on oath, remaining unchallenged, were required to be accepted.ratio¶8
Before issuance of the grant, the office is to verify that no cross-petition is pending and no caveat resisting the petition has been filed.ratio¶16
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Testamentary jurisdiction, Bombay High Court (88.TP/5693/2024, decided 02nd May 2025 by Shri. P. A. Jagdale, Officer on Special Duty, with Testamentary Department): Petition by Madhukanta Kanubhai Shah, widow and sole class-I heir of Kanubhai Moolchanddas Shah (who died a married man on 03-06-2022 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule-I of the petition. Citation was duly affixed on the Notice Board of the High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector under Rule 396; no one appeared to resist the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. Acting on the Court's earlier order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner was exempted from furnishing the administrative bond. Held: petition allowed; Letters of Administration granted in the prescribed format under the Indian Succession Act, 1925, subject to the petitioner filing an account as undertaken in her oath within the stipulated period and to office verification, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.

1 88.TP/5693/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 02nd May 2025

FOR COMPLIANCE:

TP/5693/2024 P. Ms. Nandita Sharma Ld. Advocate for the Petitioner C. : (AMH20220001140C 202400002)

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 Kanubhai Moolchanddas Shah (For short “Said deceased”). The petitioner, namely Madhukanta Kanubhai Shah, 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 married on 03-06-2022 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. 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 88.TP/5693/2024

2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I 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 Widow of the deceased, ism 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,

02nd May 2025 Officer on Special Duty, with Testamentary Department