Sumathi Somasekharan Nair vs K Somasekharan Nair… — Succession and Inheritance | Bombay HC (2025)

Sumathi Somasekharan Nair vs K Somasekharan Nair… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; 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 to file account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant the office to verify that no cross petition is pending or caveat is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner Sumathi Somasekharan Nair under the Indian Succession Act, 1925 for the properties left by the deceased K Somasekharan Nair. +1 more

Court's answer

Since the citation had expired and till date no one appeared to resist the petitioner's claim and nothing regarding pending litigation over the same properties was brought to notice, the petition was treated as uncontested.

Ratio / Principle

The facts stated by the petitioner and the heirs of the deceased, on oath, remained unchallenged and were required to be accepted; accordingly the petition deserved to be allowed as prayed for.

Key takeaways

Adopting the submission of learned counsel, accepted as remaining unchallenged: the petitioner, being the widow of the deceased, is entitled under the Hindu Succession Act, 1956 to seek Letters of Administration.ratio¶14
Letters of Administration are 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¶16

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty), order dated 04th March 2025 in 18.TP/3559/2024: Petition of Sumathi Somasekharan Nair, widow, for Letters of Administration under the Indian Succession Act, 1925 for the properties left by her husband K Somasekharan Nair, who died on 01/10/2020 at Mumbai leaving the heirs listed in para 5 of the petition. Citation ran for 14 days vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector vide Rule 396; the legal heirs consented by affidavits without reserving any right; an administration bond in prescribed form No. 118 was filed. No one resisted the claim and no pending litigation was brought to notice, so the petition was treated as uncontested; facts stated on oath remained unchallenged. Entitlement rested on the widow's position under the Hindu Succession Act, 1956 as submitted by learned counsel. Petition allowed; Letters of Administration granted for the scheduled properties, subject to filing of an account as undertaken in the Petitioner's Oath and to office verification, before issuance of the grant, that no cross petition or caveat is pending.

1 18.TP/3559/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 04th March 2025

FOR COMPLIANCE:

TP/3559/2024 P. C. Ms. Rani Patyane i/b Amit More Ld. Advocate for the Petitioner : [Original]

(ECHCBM0210124 2024)

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 K Somasekharan Nair (For short “Said deceased”). The petitioner, namely Sumathi Somasekharan Nair, 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 01/10/2020 at Mumbai leaving behind him legal heirs, shown in the paragraph No. 5 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 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 Hindu Succession Act, 1956, the petitioner, being Widow 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.

04th March 2025 Officer on Special Duty, with Testamentary Department