Uncontested petition for Letters of Administration under the Indian Succession Act for properties left by a deceased who died in California. Legal heirs consented by affidavits; citation issued with no objection. Petition allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 46.TP/511/2024
Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 10th June 2024
FOR COMPLIANCE:
1) 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 Hariharan Tathamangalam Subramanian (For short “Said deceased”). The petitioner, namely Mrs. Lakshmi Ramesh Kashyap, has filed 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.
2) I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that he has uploaded administration bond having document no. EDHCBM02199652024 and affidavit of service online having document no. EDHCBM02224302024 3) Said deceased died Married on 23/05/2023 at Washington Hospital at Alameda, California 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.
4) Citation was issued, which has been duly affixed on the conspicuous part 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
2 46.TP/511/2024
brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.
5) Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. They have accepted the facts, regarding their relationship, inter-se.
6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.
7) Ld. Advocate for the petitioner submitted that in view of provisions of Hindu Succession Act, 1956, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:
ORDER
10th June 2024 Officer on Special Duty, with Testamentary Department
1 issue framed by the court
Whether Letters of Administration should be granted to the petitioner for the properties left by the deceased.
4 provisions across 3 enactments
Lakshmi Ramesh Kashyap
P. A. Jagdale
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
