Bipin Menon S/O Tps Menon Ca of Srinivas… — Succession and Inheritance | Bombay HC (2025)

Bipin Menon S/O Tps Menon Ca of Srinivas… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, under the Indian Succession Act, 1925; petitioner to file account as undertaken in the oath, subject to office verification of no cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration ought to be granted to the petitioner, constituted attorney of Srinivas Subramanian, for the properties left by the deceased Vasantha Subramanian under the Indian Succession Act, 1925.

Court's answer

After publication of citation and notice to the Collector, no one appeared to resist the petitioner's claim and no pending litigation concerning the same properties was brought to notice; the petition was therefore treated as uncontested.

Ratio / Principle

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

Key takeaways

Petition allowed; Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925.ratio¶14
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶15
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

Detailed headnote1 paragraphs

Testamentary Petition TP/122/2025, Bombay High Court (Testamentary Department), decided 15-07-2025 by Shri P. A. Jagdale, Officer on Special Duty. Petition under the Indian Succession Act, 1925 by Bipin Menon, constituted attorney of Srinivas Subramanian, for Letters of Administration to the estate of Vasantha Subramanian Wd/o T. V. Subramanian, who died a widow on 15-04-2023 at Raigard leaving the heirs named in paragraph 4 of the petition and the Schedule-I properties. Citation was affixed on the Notice Boards of the Hon'ble 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; notice was issued to the Collector under Rule 396; no objector appeared and no pending litigation was reported, so the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and the administration bond in prescribed Form No. 118 with surety was filed. Petition allowed: Letters of Administration granted; petitioner directed to file account as undertaken in the oath; office to verify absence of any cross-petition or caveat before issuance of the grant.

1 53.TP/122/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 15th July 2025

FOR COMPLIANCE:

TP/122/2025 P. C. Shri. Mevalal Verma Ld. Advocate for the Petitioner : (AMH20230054975 C202400011)

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 Vasantha Subramanian Wd/o T. V. Subramanian (For short “Said deceased”). The petitioner namely Bipin Menon S/o T.P.S. Menon being Constitued Attorney of Srinivas Subramanian 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 Widow on 15-04-2023 at Raigard leaving behind her 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.

2 53.TP/122/2025

Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

Petitioner has filed the administration Bond in 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 Being Constituted Attorney of Srinivas Subramanian of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir 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

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,

15th July 2025 Officer on Special Duty, with Testamentary Department