Vaishali Sreekumar Nair vs Sreekumar Gopinathan Nair — Succession and Inheritance | Bombay HC (2025)

Vaishali Sreekumar Nair vs Sreekumar Gopinathan Nair — 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 the prescribed format, having effect throughout India as per the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office 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, Vaishali Sreekumar Nair, widow and claimed sole Class-I heir of the deceased Sreekumar Gopinathan Nair, is entitled to Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased.

Court's answer

Since citation was published and notices issued and till date no one appeared to resist the claim nor anything was brought to notice regarding pending litigation over the properties, the petition is an uncontested one.

Ratio / Principle

The facts stated by the petitioner on oath, having remained unchallenged, are required to be accepted.

Key takeaways

The petition deserves to be and is allowed as prayed for; Letters of Administration are granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout India under the Indian Succession Act, 1925.ratio¶Order 1
The petitioner, being the sole Class-I heir of the deceased, is exempted from furnishing the administrative bond in view of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023.ratio¶5

Detailed headnote1 paragraphs

Testamentary jurisdiction (Bombay High Court) — 65. TP/3791/2025, decided 03.12.2025 by Shri P. A. Jagdale, Officer on Special Duty, Testamentary Department. Vaishali Sreekumar Nair, widow and sole Class-I heir of Sreekumar Gopinathan Nair (who died a married man on 07-01-2018 at Mumbai), sought Letters of Administration under the Indian Succession Act, 1925 for the estate properties in Schedule I of the petition. Citation was affixed on the Notice Board of the High Court and the Collector's Office, Mumbai; the 14-day period under Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980 expired with affidavit filed, and Collector notice issued under Rule 396; nobody opposed, so the petition was uncontested. On the strength of the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, as sole Class-I heir, was exempted from furnishing the administrative bond. Held, the sworn facts being unchallenged, the petition was allowed and Letters of Administration granted for the scheduled properties with effect throughout India, subject to filing of account as undertaken in the Petitioner's Oath and office verification of absence of any cross-petition or caveat before issuance of the grant. (Advocate: Deven Jogdeo for the petitioner.)

1 65.TP/3791/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 03rd December, 2025

FOR COMPLIANCE:

TP/3791/2025 P. C. : Shri. Deven Jogdeo Ld. Advocate for the Petitioner (AMH20230040503C 202400029)

P.C.:

Petitioner, namely Vaishali Sreekumar Nair, has applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely Sreekumar Gopinathan Nair(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a married on 07-01-2018 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. The deceased left properties shown in 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 the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

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.

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 the petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, the petition

2 65.TP/3791/2025

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 the prescribed format, having effect throughout the India as per the provisions of the Indian Succession Act, 1925.

1. The petitioner to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

1. Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

Officer on Special Duty,

03rd December, 2025 Officer on Special Duty, with the Testamentary Department