Amrita Kabra vs Manoj Kabra — Succession and Inheritance | Bombay HC (2026)

Amrita Kabra vs Manoj Kabra — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Amrita Kabra for the properties left by the deceased Manoj Kabra and shown in the schedule, effective throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in her oath within the stipulated period; office to verify before issuance of the grant that no cross-petition is pending or caveat filed; petitioner to correct the third date in the administration bond, re-upload it, and have corrections initialed by the petitioner, surety and notary.

Issue for consideration

Whether Letters of Administration for the properties left by the deceased Manoj Kabra should be granted to the petitioner Amrita Kabra under the Indian Succession Act, 1925. +1 more

Court's answer

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

Ratio / Principle

Letters of Administration were granted to the petitioner for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925.

Key takeaways

As 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.ratio¶8

Detailed headnote1 paragraphs

Testamentary petition TP/353/2026 (decided 16th March, 2026 by Shri. P. A. Jagdale, Officer on Special Duty, Testamentary Department): Amrita Kabra, widow of Manoj Kabra who died at Kuwait on 15-03-2017, sought Letters of Administration under the Indian Succession Act, 1925 for the estate listed in Schedule I of the petition. Citation ran the prescribed 14 days (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980), the Collector was noticed (Rule 396), no objection or pending litigation surfaced, the legal heirs consented by affidavit without reserving any right, and an administration bond (Form No. 118) with surety was filed. Treating the petition as uncontested, the officer allowed it and granted Letters of Administration effective throughout Maharashtra, subject to the petitioner filing an account as per her oath, office verification that no caveat or cross-petition exists before issuance, and correction/initialing of a date in the administration bond.

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 16th March, 2026

FOR COMPLIANCE:

) 67. TP/353/2026 Ms. Shreya Gosavi i/b Raunak Bajaj Ld. (AMH20220001505C20250 ) Advocate for the Petitioner 0030) )

P.C.:

Petitioner, namely Amrita Kabra, has 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 Manoj Kabra(For short “Said deceased”).

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

Said deceased died as a married on 15-03-2017 at Kuwait 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.

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.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se.

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

surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Widow 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, having effect throughout the state of Maharashtra as per the provisions of the Indian Succession Act, 1925.

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

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

1. Petitioner to correct the third date in administration bond and re-upload the same. Furthermore, corrections must be initialed by the petitioner, surety and notary.

16th March, 2026

Officer on Special Duty, with the Testamentary Department