Grace Jacintha Pinto vs Mathew Anthony Chriphiano… — Succession and Inheritance | Bombay HC (2025)

Grace Jacintha Pinto vs Mathew Anthony Chriphiano… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner, Grace Jascinta Pinto, for the properties left by the deceased Mathew Anthony Chrispiano Pinto and shown in the schedule, in the prescribed format under the provisions of the Indian Succession Act, 1925; the petitioner being sole legal heir is exempted from furnishing the administration bond in view of the order in TP No. 2918/2023; subject to the petitioner filing an account as undertaken in the Petitioner's Oath within the stipulated period and office verification, before issuance of the grant, that no cross-petition or caveat is pending.

Issue for consideration

Whether the petitioner, being the widow of the deceased, is entitled to seek Letters of Administration under the provisions of the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

As nobody had appeared to resist the petitioner's claim and nothing had been brought to the notice regarding pending litigation pertaining to the same properties, the petition was treated as an uncontested one.

Ratio / Principle

It stands recorded that the petitioner is the sole surviving legal heir of the deceased and there are no other legal heirs falling under Sec. 28 read with Schedule-I of the Indian Succession Act, 1925; the learned advocate's submission to this effect is taken on record.

Key takeaways

In view of the order passed in TP No. 2918/2023, the petitioner, being the sole legal heir, is exempted from furnishing the administration bond.ratio¶14
Under the provisions of the Indian Succession Act, 1925, the petitioner, being the widow of the deceased, is entitled to seek Letters of Administration.ratio¶14
The facts stated by the petitioner and the heirs of the deceased on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Officer on Special Duty), 38.TP/5422/2024, decided 27th March 2025 (order modified/corrected per speaking-to-minutes order dated 25.04.2025): Petition by Grace Jascinta Pinto, widow of the late Mathew Anthony Chrispiano Pinto (who died on 26/03/2021 at Mumbai), for Letters of Administration under the Indian Succession Act, 1925 for the properties shown in Schedule-I of the petition. Citation was duly affixed on the notice boards of the High Court and of the Collector's Office at Mumbai and fourteen days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, notice to the Collector having issued under Rule 396; no one appeared to resist the claim and no pending litigation was brought to notice, so the petition was treated as uncontested. Recording the petitioner as the sole surviving legal heir under Sec. 28 read with Schedule-I of the IS Act, and relying on the order in TP No. 2918/2023, the court exempted her from furnishing the administration bond. Held: as widow of the deceased, the petitioner is entitled to the grant. Petition allowed; Letters of Administration granted in the prescribed format, subject to the petitioner filing the account undertaken in her oath within the stipulated period and to office verification, before issuance of the grant, that no cross-petition is pending or caveat filed.

2 38.TP/5422/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 27th March 2025

FOR COMPLIANCE:

TP/5422/2024 P. Ms. Nerissa Almedia Ld. Advocate for the Petitioner

C. :

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 Mathew Anthony Chrispiano Pinto (For short “Said deceased”). The petitioner, namely Grace Jascinta Pinto, 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 26/03/2021 at Mumbai leaving behind him legal heir, 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

This Order is modified/ corrected as per the order of the speaking to the minutes dated dated 25.04.2025

2 38.TP/5422/2024

treated as uncontested one.

The petitioner states that the petitioner is sole surviving legal heir of the deceased and there are no other legal heirs falling u/s Sec. 28 read with Schedule-I of the Indian Succession Act, 1925. Ld. advocate’s this submission is taken on the record.

In view of the Order, passed in the TP No. 2918/2023, the petitioner being sole legal heir and therefore he is exempted from the furnishing the administration Bond. 7) 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.

27th March 2025 Officer on Special Duty, with Testamentary Department

This Order is modified/ corrected as per the order of the speaking to the minutes dated dated 25.04.2025