Angela Toichard Riberio and Anr. vs Gracy Manuel… — Succession and Inheritance | Bombay HC (2025)

Angela Toichard Riberio and Anr. vs Gracy Manuel… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, subject to the petitioners filing an account as undertaken in the Petitioner's Oath within the stipulated period, and subject to 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 petitioners, daughters of the deceased Gracy Manuel Dsouza, for the properties left by her. +1 more

Court's answer

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

Ratio / Principle

The facts stated by the petitioners on oath remained unchallenged and were required to be accepted.

Key takeaways

In view of the order passed in TP No. 2918/2023, all the legal heirs of the deceased being the petitioners, they are exempted from furnishing the surety bond.ratio¶11
The petition is allowed and Letters of Administration are granted to the petitioners 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¶14

Detailed headnote1 paragraphs

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925 — Petition by two daughters (Angela Toichard Riberio and Greta Joseph Rodrigues) of deceased Gracy Manuel Dsouza, who died a widow on 22/04/2021 at Mumbai leaving the scheduled properties — delay explained vide Rule 382 — citation duly affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai; 14 days expired vide Rule 397(1) and (4) and notice issued to Collector vide Rule 396 of the Bombay High Court (O.S.) Rules, 1980 — no one resisted the claim and no pending litigation disclosed; petition treated as uncontested — all legal heirs being petitioners, exempted from surety bond in view of the order in TP No. 2918/2023 — facts on oath unchallenged and accepted — petition allowed; Letters of Administration granted, subject to filing of account as undertaken in the Petitioner's Oath and office verification that no cross petition or caveat is pending before issuance of the grant.

1 94.TP/1710/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 23rd September, 2025

FOR COMPLIANCE:

TP/1710/2025 P. Shri Kunal Ghatkar i/by Atul Umekar, Advocate for the C. : ECHCBM02208832 Petitioner 023

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 Gracy Manuel Dsouza. (For short “Said deceased”). The petitioners, namely 1. Angela Toichard Riberio, 2. Greta Joseph Rodrigues, have 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 22/04/2021 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 9 of the petition. Petitioners state 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. 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 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 94.TP/1710/2025

treated as uncontested one.

In view of the Order, passed in the TP No. 2918/2023, the all-legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the Indian Succession Act, 1925, the petitioner, being Daughters of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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 petitioners 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 petitioners 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,

23rd September, 2025 Officer on Special Duty, with Testamentary Department