Eliza Francis George vs Francis George Kanjanapil… — Succession and Inheritance | Bombay HC (2025)

Eliza Francis George vs Francis George Kanjanapil… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner (stated to be the widow of the deceased) for the properties left by the deceased and shown in Schedule-I, subject to (i) the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period, and (ii) office verification, before issuance of the grant, that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, stated to be the widow of the deceased Francis George Kanjanapilly, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and shown in Schedule-I of the petition. +1 more

Court's answer

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

Ratio / Principle

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

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¶ORDER 1

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (89.TP/4878/2024), decided 29th April 2025 by Shri. P. A. Jagdale, Officer on Special Duty: Petition by Eliza Francis George, widow of the deceased Francis George Kanjanapilly (who died as a married man on 25-06-2020 at Mumbai), for grant of Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule-I of the petition. Citation was affixed on the High Court and Collector's Office notice boards for the statutory period of 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, and delay was explained vide Rule 382. No one appeared to resist the claim and no pending litigation concerning the same properties was reported; the legal heirs consented by affidavits without reserving any right, and the petitioner filed the administration bond in prescribed Form No. 118 with surety. The petition was treated as uncontested and allowed; Letters of Administration were granted subject to the petitioner filing 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.

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 29th April 2025

FOR COMPLIANCE:

TP/4878/2024 P. C. Shri. Nahar S. Mahala a/w Ms. Suchitra Singh Ld. Advocate for (AMH20230049452 : the Petitioner C202400003)

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 Francis George Kanjanapilly (For short “Said deceased”). The petitioner, namely Eliza Francis George, 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 25-06-2020 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. 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 Indian Succession Act, 1925, 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.

Officer on Special Duty,

29th April 2025 Officer on Special Duty, with Testamentary Department