Mary Linus Ferreira vs Late Mabel Philip Barretto… — Succession and Inheritance | Bombay HC (2025)

Mary Linus Ferreira vs Late Mabel Philip Barretto… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to petitioner Mary Linus Ferreira for the properties left by the deceased Mabel Philip Barretto and shown in Schedule-I, in the prescribed format as per the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant the office is to verify that no cross-petition is pending or caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioner, being the sister of the deceased, is entitled to a grant of Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased Mabel Philip Barretto. +1 more

Court's answer

Since no one appeared to resist the petitioner's claim within the citation period and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition was treated as uncontested.

Ratio / Principle

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

Key takeaways

The petition was allowed and Letters of Administration were ordered to be 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¶15

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri. P. A. Jagdale, Officer on Special Duty), order dated 2025-03-05 in Testamentary Petition 34.TP/4555/2024: Petition by Mary Linus Ferreira, sister of the deceased Mabel Philip Barretto (a widow who died on 18/03/2023 at Mumbai), for grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties listed in Schedule-I of the petition. Citation was duly affixed on the Notice Boards of the Hon'ble High Court and the Collector's Office, Mumbai, with the 14-day period expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, supported by an affidavit; notice was additionally issued to the Collector under Rule 396 of the BHC Rules. No one appeared to resist the claim and no pending litigation concerning the properties was reported; the legal heirs consented by affidavit without reserving any right, accepting their relationships inter se, and an administration bond in prescribed Form No. 118 with surety was filed. Holding the sworn facts of the petitioner and heirs unchallenged, the Court treated the petition as uncontested, allowed it, and granted Letters of Administration to the petitioner, directing her to file an account as undertaken in her oath within the stipulated period, and requiring the office, before issuance of the grant, to verify that no cross-petition is pending or caveat has been filed resisting the petition.

1 34.TP/4555/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 05th March 2025

FOR COMPLIANCE:

TP/4555/2024 P. C. Ms. Sujata Babar Ld. Advocate for the Petitioner : (AMH20230032197 C202400028)

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 MABEL PHILIP BARRETTO (For short “Said deceased”). The petitioner, namely MARY LINUS FERREIRA, 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 Widow on 18/03/2023 at Mumbai leaving behind her 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.

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 treated as uncontested one.

Legal heirs of the deceased have consented by way of

2 34.TP/4555/2024

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.

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 Sister 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.

05th March 2025 Officer on Special Duty, with Testamentary Department