Joule Ralph Miranda vs Ralpoh German Miranda — Succession and Inheritance | Bombay HC (2025)

Joule Ralph Miranda vs Ralpoh German Miranda — 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 Schedule-I of the petition, in prescribed format, under the Indian Succession Act, 1925.

Issue for consideration

Whether the petitioner, Joule Ralph Miranda, son of the deceased Ralph German Miranda, is entitled to be granted Letters of Administration for the properties left by the deceased under the Indian Succession Act, 1925. +1 more

Court's answer

The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted, the legal heir having consented by affidavit without reserving any right.

Ratio / Principle

As no one appeared to resist the petitioner's claim and no pending litigation regarding the same properties was brought to notice, the petition is treated as uncontested.

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
The petitioner is 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.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), TP 82.TP/2332/2025, decided 21 July 2025 by Shri P. A. Jagdale, Officer on Special Duty. Petition by Joule Ralph Miranda, son of the deceased Ralph German Miranda (who died on 24-07-1989 at Sharjah, United Arab Emirates), for Letters of Administration under the Indian Succession Act, 1925 to the properties shown in Schedule-I of the petition. Delay explained vide Rule 382; citation published on the High Court and Collector's Office (Mumbai) notice boards with 14 days expired vide Rule 397(1) and (4), and notice issued to the Collector vide Rule 396 of the Bombay High Court (O.S.) Rules, 1980; no objector, caveat or pending litigation reported; legal heir consented by affidavit without reserving any right; administration bond in prescribed Form No. 118 filed with surety. Petition treated as uncontested and allowed; Letters of Administration granted in prescribed format, subject to the petitioner filing an account as per the Petitioner's Oath and the office verifying absence of any cross-petition or caveat before issuance of the grant.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 21st July 2025

FOR COMPLIANCE:

TP/2332/2025 P. C. Ms. Rima Oke Ld. Advocate for the Petitioner : (AMH20230040503 C202400025)

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 RALPH GERMAN MIRANDA (For short “Said deceased”). The petitioner, namely JOULE RALPH MIRANDA, 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 married on 24-07-1989 at Sharjah, United Arab Emirates, 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

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treated as uncontested one.

Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

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.

Officer on Special Duty,

21st July 2025 Officer on Special Duty, with Testamentary Department