Naina Kunvarji Shah vs Jigar Kunvarji Shah alias… — Succession and Inheritance | Bombay HC (2026)

Naina Kunvarji Shah vs Jigar Kunvarji Shah alias… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra; petitioners to file account as undertaken in the Petitioner's Oath; office to verify no cross-petition pending or caveat resisting the petition before issuance of the grant.

Issue for consideration

Whether the petitioners, being sisters of the deceased, are entitled to grant of Letters of Administration for the properties left by the deceased.

Court's answer

In view of the provisions of the Hindu Succession Act, 1956, the petitioners, being sisters of the deceased, are entitled to seek Letters of Administration.

Ratio / Principle

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

Key takeaways

Since no one appeared to resist the claim and nothing was brought to the notice of the Court regarding pending litigation over the same properties, the petition was treated as an uncontested one.ratio¶9
As all the legal heirs of the deceased are petitioners (in view of the order in TP No. 2918/2023), the petitioners were exempted from furnishing the surety bond.ratio¶10

Detailed headnote1 paragraphs

Uncontested testamentary petition under the Indian Succession Act, 1925 by the three sisters of the deceased Jigar Kunvarji Shah (who died unmarried on 20-08-2015 at Mumbai) for Letters of Administration to his estate. Citation was published on the High Court and Collector's Office notice boards and expired without opposition; notice to the Collector drew no objection, so the petition was treated as uncontested. Relying on the earlier order in TP No. 2918/2023, the petitioners, being all the legal heirs, were exempted from furnishing a surety bond. Holding that, under the Hindu Succession Act, 1956, sisters of the deceased are entitled to seek Letters of Administration, and that the facts stated on oath stood unchallenged, the Officer on Special Duty (Testamentary Department) allowed the petition and granted Letters of Administration effective throughout the State of Maharashtra, directing the petitioners to file the account as undertaken in their oath and the office to verify that no cross-petition or caveat is pending before issuance of the grant.

1 95.TP/5857/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 28th January 2026

FOR COMPLIANCE:

TP/5857/2025 ) Shri. Nandesh Manek a/w Shri. Praful Pawar Ld. ) (AMH20230012812C2025000 Advocate for the Petitioner ) 02)

P.C.:

Petitioners, namely (1) Naina Kunverji Shah, (2) Nita Kunvarji Shah and (3) Monica Shah Clark alias Monica Kuwarji Shah, 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 Jigar Kunvarji Shah alias Jigar Kuverj i Shah alias Jigar Kuwerji Shah(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 Bachelor on 20-08-2015 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 of the petition. Petitioners 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.

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 surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the The

2 95.TP/5857/2025

Hindu Succession Act, 1956, the petitioner, being Sisters 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.

1. The petitioners 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.

Officer on Special Duty,

28th January 2026 Officer on Special Duty, with the Testamentary Department