Parvathy Hariharan And Anr. vs v Hariharan… — Succession and Inheritance | Bombay HC (2025)

Parvathy Hariharan And Anr. vs v Hariharan… — 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, in prescribed format under the Indian Succession Act, 1925; petitioners to file an account as undertaken in Petitioner's Oath within stipulated period; before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioners, being the widow and the daughter of the deceased V. Hariharan, are entitled to Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +2 more

Court's answer

Facts stated by the petitioners on oath remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Ratio / Principle

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

Key takeaways

As all the legal heirs of the deceased are petitioners (in view of the order in TP No. 2918/2023), they are exempted from furnishing the surety bond.ratio¶11
Petition allowed; Letters of Administration 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

Bombay High Court (Testamentary) — 60.TP/8/2025, decided 14th July 2025 by Shri. P. A. Jagdale, Officer on Special Duty: Uncontested petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of V. Hariharan s/o. S. Viswanathan, who died at Mumbai on 14-08-2023 leaving as legal heirs his widow Parvathy Hariharan and daughter Gomathy Hariharan. Citation affixed on the High Court and Collector's Office (Mumbai) notice boards with 14 days expired (Rules 397(1) and (4), and Rule 396, Bombay High Court (O.S.) Rules, 1980); no appearance in resistance, no pending litigation, caveat or cross-petition reported. All legal heirs being petitioners, surety bond exempted in view of the order in TP No. 2918/2023. Counsel urged entitlement under the Hindu Succession Act, 1956; facts stated on oath remained unchallenged. Held: petition allowed; Letters of Administration granted for the scheduled properties; petitioners to file account as undertaken in Petitioner's Oath; office to verify absence of cross-petition or caveat before issuance of the grant.

1 60.TP/8/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 14th July 2025

FOR COMPLIANCE:

TP/8/2025 P. Shri. Viraj Raiyani i/b AVP Partners Ld. Advocate for the C. : (AMH202401283 Petitioner 16C202400019)

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 V. Hariharan s/o. S. Viswanathan alias Vishwanathan Hariharan alias Viswanathan Hariharan (For short “Said deceased”). The petitioners, namely (1) Parvathy Hariharan Wd/o V. Hariharam, (2) Gomathy Hariharan D/o Vishwanathan Hariharan, 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 married on 14-08-2023 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 4 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.

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

2 60.TP/8/2025

brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is 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 Hindu Succession Act 1956, the petitioner, No.1 being widow and no. 2 being daughter 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.

14th July 2025 Officer on Special Duty, with Testamentary Department