Subramanian Narayan Iyer vs Krishnambal Ramswamy… — Succession and Inheritance | Bombay HC (2025)

Subramanian Narayan Iyer vs Krishnambal Ramswamy… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in prescribed format under the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office directed 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 the petitioner, claiming to be a legal heir (son) of the deceased Krishnambal Ramaswamy, is entitled to grant of Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule-I of the petition. +1 more

Court's answer

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

Ratio / Principle

In view of the order passed by the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be and was allowed as prayed for, with Letters of Administration granted for the properties left by the deceased and shown in the schedule.ratio¶12

Detailed headnote1 paragraphs

Testamentary jurisdiction (Bombay High Court) — Petition under the Indian Succession Act, 1925 for Letters of Administration to the estate of the deceased Krishnambal Ramaswamy, who died on 10.02.2017 at Mumbai, filed by Subramanian Narayan Iyer, stated to be the son of the deceased and sole class-I heir. Death certificate, identity proof, oath and affidavit of service/citation filed; delay explained vide Rule 382 of the Rules; citation duly affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice issued to the Collector under Rule 396 BHC Rules. No one appeared to resist; petition treated as uncontested. Pursuant to the Hon'ble Court's order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner was exempted from furnishing the administrative bond. Counsel for the petitioner invoked the Hindu Succession Act 1956 to urge his entitlement as son of the deceased. Held: facts on oath unchallenged and accepted; petition allowed and Letters of Administration granted in prescribed format for the scheduled properties; petitioner to file account as undertaken in the Oath; office to verify absence of any cross-petition or caveat before issuance of the grant. (Officer on Special Duty Shri. P. A. Jagdale, 09th April 2025.)

1 54.TP/205/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 09th April 2025

FOR COMPLIANCE:

TP/205/2025 P. C. Shri. Jayesh Mestry Ld. Advocate for the Petitioner : (AMH20230026790 C202400016)

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 Krishnambal Ramaswamy, (For short “Said deceased”). The petitioner, namely Subramanian Narayan Iyer, 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 10.02.2017 at Mumbai leaving behind him 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. 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 54.TP/205/2025

treated as uncontested one.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act 1956, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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,

09th April 2025 Officer on Special Duty, with Testamentary Department