Nutan S Munot petitioner vs Shakuntala Subhash… — Succession and Inheritance | Bombay HC (2026)

Nutan S Munot petitioner vs Shakuntala Subhash… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners (Nutan, Chandrakant and Vivek Subhash Munot) for the properties left by the deceased and shown in Schedule I of the petition, in the prescribed format, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925; petitioners directed 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 the petitioners, being the daughter and sons of the deceased Shakuntala Subhash Munot and Subhash Pukhraj Munot, are entitled to be granted Letters of Administration for the properties left by the deceased under the provisions of the Indian Succession Act, 1925.

Court's answer

The facts stated by the petitioners and heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for, the petitioners being the daughter and sons of the deceased entitled under the Hindu Succession Act, 1956 to seek Letters of Administration.

Ratio / Principle

Since, in view of the order passed in TP No. 2918/2023, all the legal heirs of the deceased are petitioners, they are exempted from furnishing the surety Bond.

Key takeaways

By operative order, the petition is allowed and Letters of Administration are granted to the petitioners for the 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.ratio¶15

Detailed headnote1 paragraphs

Testamentary Petition 98.TP/6471/2025, Bombay High Court (Testamentary Department), decided 17th February, 2026 by Shri. P. A. Jagdale, Officer on Special Duty — Letters of Administration under the Indian Succession Act, 1925 granted to Nutan Subhash Munot, Chandrakant Subhash Munot and Vivek Subhash Munot, the daughter and sons of the deceased Shakuntala Subhash Munot (died 20.04.2022 at Mumbai) and Subhash Pukhraj Munot (died 03.12.2016 at Mumbai), for the properties shown in Schedule I of the petition. Death certificates, identity proofs, oath and affidavit of service of citation were perused; delay was explained vide Rule 382 of the Rules. Citation was issued and affixed on the Notice Boards 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 and no pending litigation was brought to notice, so the petition was treated as uncontested. In view of the order in TP No. 2918/2023, all legal heirs being petitioners, they were exempted from furnishing the surety Bond. Holding that the facts sworn on oath remained unchallenged and that, under the Hindu Succession Act, 1956, the petitioners being the daughter and sons of the deceased were entitled to seek Letters of Administration, the petition was allowed, with the grant effective throughout the State of Maharashtra, subject to filing of the account undertaken in the Petitioner's Oath and office verification that no cross-petition or caveat is pending before issuance of the grant.

1 98.TP/6471/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 17th February, 2026

FOR COMPLIANCE:

98.TP/6471/2025 ) ) [Original] ) Mr. Vineet Saraf, Ld. Advocate for the Petitioner. (AMH20240000141C20250 ) 0015) )

P.C.:

Petitioners, namely (1) Nutan Subhash Munot, (2) Chandrakant Subhash Munot and (3) Vivek Subhash Munot, 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) Shakuntala Subhash Munot alias Shakuntala S Munot alias S. S Munot and (2) Subhash Pukhraj Munot Alias Munot Subhash P(For short “Said deceased”).

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

Said deceased No.1 died as a widow on 20.04.2022 at Mumbai and deceased No. 2 died as a married on 03.12.2016 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 4 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.

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

2 98.TP/6471/2025

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 Hindu Succession Act, 1956, the petitioners No. 1 being daughter and No. 2 and 3 being sons of the deceased, are 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 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,

17th February, 2026 Officer on Special Duty, with the Testamentary Department