Jayanthi Seshadri vs C v Raman Alias Chittur… — Succession and Inheritance | Bombay HC (2025)

Jayanthi Seshadri vs C v Raman Alias Chittur… — 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, subject to (i) filing of account as undertaken in the Petitioner's Oath within the stipulated period and (ii) office verification before issuance of the grant that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner for the properties left by the deceased, C. V. Raman alias Chittur Venkatakrishnan Raman. +1 more

Court's answer

No one appeared to resist the petitioner's claim nor was anything brought to the Court's notice regarding pending litigation pertaining to the scheduled properties; the petition was therefore treated as uncontested.

Ratio / Principle

The legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration to the petitioner without reserving any right, and accepted their relationship inter se.

Key takeaways

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; consequently the petition deserved to be allowed as prayed for.ratio¶16
Petition allowed; Letters of Administration directed to be 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, subject to filing of account as undertaken in the Petitioner's Oath and to the office verifying, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.ratio¶18

Detailed headnote1 paragraphs

Testamentary - Letters of Administration - Indian Succession Act, 1925 - Petition by the sister of the deceased (C. V. Raman alias Chittur Venkatakrishnan Raman), who died unmarried on 08/08/2022 at Mumbai - Citation duly affixed on the Notice Board of the High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980, and notice to the Collector under Rule 396 - No one appeared to resist; petition treated as uncontested - Legal heirs consented by affidavits without reserving any right - Administration bond in Form No. 118 filed with surety - Objection as to petitioner's capacity to present the petition dispensed with by order dated 29.11.2024 - Facts on oath unchallenged and accepted; entitlement urged under the Hindu Succession Act, 1956 as sister of the deceased - Petition allowed and Letters of Administration granted for the scheduled properties, subject to filing of account and verification that no cross-petition or caveat is pending. Decided 28th March 2025 by Shri P. A. Jagdale, Officer on Special Duty, Testamentary Department.

1 19.TP/1330/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 28th March 2025

FOR COMPLIANCE:

TP/1330/2024 P. Shri. Abhay Parab a/w Shri. Yash Thakur Ld. Advocate for C. : [Original] the Petitioner

[Original]

(ECHCBM022354 82023)

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 C. V. Raman alias Chittur Venkatakrishnan Raman (For short “Said deceased”). The petitioner, namely Jayanthi Seshadri, 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 unmarried on 08/08/2022 at Mumbai 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-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

1 19.TP/1330/2024

treated as uncontested one.

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. Legal heirs have accepted the facts, regarding their relationship, interse.

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

In view of the Order dated 29.11.2024 passed by the Hon’ble Court, objection regarding the capacity of the petitioner to present the petition is dispensed with.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Sister 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

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.

28th March 2025 Officer on Special Duty, with Testamentary Department