Moses Luke Jacob vs Mariamma Jacob (Deceased) — Succession and Inheritance | Bombay HC (2025)

Moses Luke Jacob vs Mariamma Jacob (Deceased) — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Grant of Letters of Administration to the petitioner Moses Luke Jacob for the properties left by the deceased Mariamma Jacob 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; the petitioner is further directed to file an account as undertaken in his Petitioner's Oath within the stipulated period, and the office is to verify, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition has been filed.

Issue for consideration

Whether Moses Luke Jacob, petitioner and son of the deceased Mariamma Jacob, is entitled to be granted Letters of Administration for the properties left by the deceased, under the provisions of the Indian Succession Act, 1925. +1 more

Court's answer

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

Ratio / Principle

Since, till the date of consideration, no one had appeared to resist the petitioner's claim and nothing had been brought to the notice regarding pending litigation about the same properties, the petition was treated as an uncontested one.

Key takeaways

The petition is allowed and Letters of Administration are to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format.ratio¶15
The Letters of Administration are to have effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.ratio¶15
The petitioner is to file an account, as undertaken in the Petitioner's Oath, within the stipulated period.

Detailed headnote1 paragraphs

Uncontested testamentary petition (39.TP/1599/2025) of Moses Luke Jacob, son of the deceased Mariamma Jacob, who died a married woman on 18-05-2016 at Mumbai, seeking Letters of Administration under the provisions of the Indian Succession Act, 1925, for the properties left by the deceased and shown in Schedule I of the petition. Considered on 27th November 2025 by Shri P. A. Jagdale, Officer on Special Duty, with the Testamentary Department. Citation had been duly affixed on the Notice Board of the Hon'ble High Court and the notice board of the Collector's Office at Mumbai, with 14 days expired vide Rule 397(1) and (4) and notice to the Collector issued vide Rule 396 of the Bombay High Court (O.S.) Rules, 1980; delay explained vide Rule 382. No one appeared to resist the claim and no pending litigation concerning the same properties was reported, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed the administration bond in prescribed form No. 118 with surety. Learned counsel submitted that the petitioner, being the son of the deceased, was entitled under the Indian Succession Act, 1925; the sworn facts of the petitioner and heirs stood unchallenged. Petition allowed: Letters of Administration granted in the prescribed format with effect throughout the State of Maharashtra, subject to the petitioner filing an account as undertaken in the oath within the stipulated period, and to office verification that no cross-petition or caveat exists before issuance of the grant.

1 39.TP/1599/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 27th November 2025

FOR COMPLIANCE:

TP/1599/2025 P. C. : Shri. Roy Varghese Ld. Advocate for the Petitioner (AMH2024013533 3C202400003)

P.C.:

Petitioner, namely Moses Luke Jacob, has 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 Mariamma Jacob (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 Married on 18-05-2016 at Mumbai 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. The deceased left properties shown in Schedule I of the petition. The delay has been explained vide Rule 382 of the Rules.

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 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.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se.

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

2 39.TP/1599/2025

Ld. Advocate for the petitioner submitted that in view of provisions of the Indian Succession Act, 1925, the petitioner, being Son of the deceased, is 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 petitioner 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 petitioner 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.

27th November 2025 Officer on Special Duty, with the Testamentary Department