Robinson Aloysious Fernandes vs Aloysious Fernandes — Succession and Inheritance | Bombay HC (2025)

Robinson Aloysious Fernandes vs Aloysious Fernandes — 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 Aloysious Fernandes and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925; petitioner to file account as undertaken in the Petitioner's Oath within the stipulated period; office to verify absence of any cross-petition or caveat before issuance of the grant.

Issue for consideration

Whether the petitioners, being the sons of the deceased Aloysious Fernandes, are entitled to Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased. +2 more

Court's answer

The petitioner, being sons of the deceased, is entitled to seek Letters of Administration under the Indian Succession Act, 1925; the facts stated on oath remained unchallenged and the petition deserves to be allowed as prayed for.

Ratio / Principle

Since no one appeared to resist the claim and no pending litigation regarding the same properties was brought to notice, the petition is treated as an uncontested one.

Key takeaways

In view of the order passed in TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore they are exempted from furnishing the surety bond.ratio¶11
The petition is allowed and Letters of Administration are granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format as per the provisions of the Indian Succession Act, 1925.ratio¶16
The petitioner is directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Testamentary — Letters of Administration — Indian Succession Act, 1925 — Petitioners Robinson Aloysious Fernandes and Robert Aloysious Fernandes, sons of the deceased Aloysious Fernandes S/o Pathrose Fernandes, who died a widower on 23-08-2022 at Mumbai, sought Letters of Administration for the properties shown in Schedule I of the petition. Citation was duly affixed on the Notice Board of the Hon'ble High Court and the Collector's Office at Mumbai, with 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, and notice was issued to the Collector under Rule 396; no one appeared to resist the claim and the petition was treated as uncontested. In view of the order in TP No. 2918/2023, all legal heirs of the deceased are petitioners and were exempted from furnishing the surety bond. Held: petition allowed; Letters of Administration granted in the prescribed format; petitioner to file account as undertaken in the oath; office to verify that no cross-petition is pending or caveat filed before issuance of the grant.

1 78.TP/4181/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 11th November 2025

FOR COMPLIANCE:

TP/4181/2025 P. C. : Shri. Shailesh Pathak Ld. Advocate for the Petitioner [Original]

(ECHCBM02138592 024)

P.C.:

Petitioners, namely 1. Robinson Aloysious Fernandes & 2. Robert Aloysious Fernandes, have filed this petition 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 Aloysious Fernandes S/o Pathrose Fernandes (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 Widower on 23-08-2022 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 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 petitioner submitted that in view of provisions of the indian

2 78.TP/4181/2025

Succession Act, 1925, the petitioner, being Sons of the deceased, is 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 petitioner for properties, left by the deceased and shown in the schedule, in the prescribed format 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.

11th November 2025 Officer on Special Duty, with the Testamentary Department