Conie Francisco Mascarenhas vs Zeferina Piedade… — Succession and Inheritance | Bombay HC (2025)

Conie Francisco Mascarenhas vs Zeferina Piedade… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Corrie Francisco Mascarenhas for the properties left by the deceased and shown in the schedule, in prescribed format, per the Indian Succession Act, 1925; petitioner 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 and no 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, son of the deceased, for the properties left by the deceased and shown in Schedule-I of the petition.

Court's answer

Since no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.

Ratio / Principle

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.

Key takeaways

Petition allowed; Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format, as per the provisions of the Indian Succession Act, 1925.ratio¶15
Before issuance of the grant, the office is directed to verify that no cross-petition is pending and no caveat resisting the petition has been filed.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court (Officer on Special Duty, with Testamentary Department) — Testamentary Petition 67.TP/163/2025, decided 11th March 2025 by Shri P. A. Jagdale: Letters of Administration granted under the Indian Succession Act, 1925 to Corrie Francisco Mascarenhas, son of the deceased Zeferina Piedade Mascarenhas (died 26-10-2023 at New York, USA), for the properties shown in Schedule-I of the petition. Citation was published on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expiring under Rule 397(1) and (4), and notice issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one resisted the claim and no pending litigation was reported, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the administration bond was filed in prescribed Form No. 118 with surety. Petition allowed; grant made subject to the petitioner filing an account as undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross-petition is pending and no caveat resisting the petition is filed.

1 67.TP/163/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 11th March 2025

FOR COMPLIANCE:

TP/163/2025 P. Shri. Jayant Wani i/b Lakdawala & Co. Ld. Advocate for the C. : (AMH202401299 Petitioner 54C202400105)

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 Zeferina Piedade Mascarenhas alias Zeferina P. Mascarenhas alias Zeferina Piedade alias Mascarenhas Zeferina Piedade (For short “Said deceased”). The petitioner, namely Corrie Francisco Mascarenhas, 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 26-10-2023 at New York, USA 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

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pertaining to the same properties. Hence, the petition is 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.

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 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.

11th March 2025 Officer on Special Duty, with Testamentary Department