Clara Lavina Bridget Fernandes vs Maria Berta… — Succession and Inheritance | Bombay HC (2025)

Clara Lavina Bridget Fernandes vs Maria Berta… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Clara Lavina Bridget Fernandes 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; petitioner to file an account as undertaken in the Petitioner's Oath within stipulated period; office to verify absence of any pending cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether Letters of Administration under the Indian Succession Act, 1925 should be granted to the petitioner, sister of the deceased, for the properties left by the deceased and shown in Schedule-I of the petition.

Court's answer

Facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and required to be accepted.

Ratio / Principle

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.

Key takeaways

Petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶¶16
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¶¶17

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department, Shri P. A. Jagdale, Officer on Special Duty), 11th March 2025 — 68.TP/164/2025: Petition by Clara Lavina Bridget Fernandes, sister of the deceased Maria Berta Joaquina Mascarenhas alias Maria Berta Mascarenhas alias Maria J. Mascarenhas, who died a spinster on 25-01-2024 at New York, USA, for Letters of Administration under the Indian Succession Act, 1925 to the properties in Schedule-I. Citation affixed on the High Court and Collector's Office (Mumbai) notice boards, 14 days expired under Rule 397(1) and (4) and notice to Collector under Rule 396, Bombay High Court (O.S.) Rules, 1980; no objection or pending litigation reported; legal heirs consented by affidavits without reserving rights; administration bond (Form No. 118) with surety filed. Sworn facts remained unchallenged; petition held deserving to be allowed as prayed for. Order: petition allowed, Letters of Administration granted per the IS Act provisions, account to be filed as undertaken in the Petitioner's Oath, and office verification that no cross-petition or caveat exists before issuance of the grant.

2 68.TP/164/2025

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

FOR COMPLIANCE:

TP/164/2025 P. Shri. Jayant Wani i/b Lakdawala & Co. Ld. Advocate for the C. : (AMH202401299 Petitioner 54C202400104)

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 Maria Berta Joaquina Mascarenhas alias Maria Berta Mascarenhas alias Maria J. Mascarenhas (For short “Said deceased”). The petitioner, namely Clara Lavina Bridget Fernandes, 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 Spinster on 25-01-2024 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 pertaining to the same properties. Hence, the petition is

2 68.TP/164/2025

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.

1. 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 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.

Officer on Special Duty,

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