Uma Sundari vs K M Vishwanathan — Succession and Inheritance | Bombay HC (2025)

Uma Sundari vs K M Vishwanathan — 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 the prescribed format, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925; subject to the petitioners filing an account as undertaken in the Petitioner's Oath and office verification that no cross-petition or caveat resists the petition before issuance of the grant.

Issue for consideration

Whether Letters of Administration should be granted to the petitioners (the widow and the son of the deceased K. M. Vishwanathan) for the properties left by him, under the provisions of the Indian Succession Act, 1925.

Court's answer

Till today no one has appeared to resist the claim of the petitioners nor has anything been brought to notice regarding pending litigation about the same properties; hence the petition is treated as an uncontested one.

Ratio / Principle

Under the Hindu Succession Act, 1956 the petitioner No.1 (widow) and petitioner No.2 (son) of the deceased are entitled to seek Letters of Administration; the facts stated by the petitioners on oath remained unchallenged and were required to be accepted.

Key takeaways

As all the legal heirs of the deceased are petitioners, in view of the order passed in TP No. 2918/2023 they are exempted from furnishing the surety Bond.ratio¶10
The petition is allowed; Letters of Administration to be granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the State of Maharashtra, as per the provisions of the Indian Succession Act, 1925; petitioners to file account as undertaken in the Petitioner's Oath; before issuance of the grant the office is to verify that no cross-petition is pending or caveat resisting the petition is filed.ratio¶15

Detailed headnote1 paragraphs

Testamentary Petition (51.TP/3932/2025), Bombay High Court, Testamentary Department, decided 08th December, 2025: Petition allowed and Letters of Administration granted under the Indian Succession Act, 1925 to UMA SUNDARI (widow) and BHARGAV VISHWANATH (son), the legal heirs of deceased K. M. Vishwanathan, who died on 06-10-2024 at Mumbai, for the properties shown in Schedule I of the petition, having effect throughout the State of Maharashtra. Citation was duly published on the High Court and Collector's Office notice boards, 14 days expired under Rules 396 and 397 of the Bombay High Court (O.S.) Rules, 1980; no objector appeared and no pending litigation was brought to notice, so the petition was treated as uncontested. Entitlement rested on the Hindu Succession Act, 1956 (petitioner No.1 widow, No.2 son); all legal heirs being petitioners, they were exempted from furnishing surety bond in view of the order in TP No. 2918/2023; grant conditioned on filing of account per the Petitioner's Oath and office verification of no cross-petition or caveat.

1 51.TP/3932/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 08th December, 2025

FOR COMPLIANCE:

) 51. TP/3932/2025 ) Ms. Manisha Prajapati Ld. Advocate for the Petitioner (AMH2025000977 ) 4C202500002) )

P.C.:

Petitioners, namely (1) UMA SUNDARI widow of K.M. VISHWANATHAN, (2) BHARGAV VISHWANATH son of K. M. VISHWANATHAN, have 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 K. M. Vishwanathan(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 06-10-2024 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. 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 in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from 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 the widow and No.2 being

2 51.TP/3932/2025

the son of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, on oath, remained unchallenged and required to be accepted. Accordingly, the 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 the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925.

1. The petitioners 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.

08th December, 2025

Officer on Special Duty, with the Testamentary Department