Shivakumar Mani S/o Muthusamy Mani vs Muthulaxmi… — Succession and Inheritance | Bombay HC (2025)

Shivakumar Mani S/o Muthusamy Mani vs Muthulaxmi… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, effective throughout the State of Maharashtra under the Indian Succession Act, 1925; subject to the petitioner filing an account as undertaken in his oath within the stipulated period, and subject to the office verifying before issuance of the grant that no cross-petition is pending or caveat is filed.

Issue for consideration

Whether Shivakumar Mani, son of the deceased Muthulaxmi Mani Konar, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

The legal heirs of the deceased consented by way of affidavits to the grant of Letters of Administration to the petitioner, without reserving any right.

Ratio / Principle

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

Key takeaways

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.ratio¶¶13
Letters of Administration were ordered to be granted to the petitioner for the properties left by the deceased and shown in the schedule, having effect throughout the State of Maharashtra under the Indian Succession Act, 1925.ratio¶¶15
The petitioner was directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Uncontested testamentary petition decided on 18-11-2025 in 37.TP/5532/2024 by Shri. P. A. Jagdale, Officer on Special Duty, with the Testamentary Department. Shivakumar Mani s/o Muthusamy Mani applied under the Indian Succession Act, 1925 for Letters of Administration to the properties left by Muthulaxmi Mani Konar, who died on 13-05-2020 at Mumbai leaving the legal heirs shown in paragraph No. 4 of the petition, the properties being those in Schedule I of the petition. Citation was duly affixed on the notice board of the High Court and of the Collector's Office at Mumbai, and notice to the Collector issued under Rules 396 and 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; 14 days expired with no appearance in resistance, no caveat and no report of pending litigation, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and the petitioner filed an administration bond in prescribed Form No. 118 with surety. Holding that the facts stated on oath remained unchallenged and required to be accepted, the court allowed the petition and ordered grant of Letters of Administration effective throughout the State of Maharashtra, directing the petitioner to file an account as undertaken in the oath, and the office to verify before issuance of the grant that no cross-petition is pending or caveat is filed.

2 37.TP/5532/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 18th November 2025

FOR COMPLIANCE:

TP/5532/2024 P. C. : Shri. Dhruv Yadav i/b R R Mishra Ld. Advocate for the Petitioner

P.C.:

Petitioner, namely Shivakumar Mani s/o Muthusamy Mani, has 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 Muthulaxmi Mani Konar (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 13-05-2020 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. 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.

Legal heirs of the deceased have consented by way of Affidavits to grant the prayer of the petitioner to grant Letters of Administration, without reserving any right. Legal heirs have accepted the facts regarding their relationship, inter se. 6) Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the Hindu Succession Act, 1956, the petitioner, being Son of the deceased, is entitled to seek a

2 37.TP/5532/2024

Letters of Administration. Hence, facts stated by the petitioner and heirs of the deceased, 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, having effect throughout the State of Maharashtra 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.

Officer on Special Duty,

18th November 2025 Officer on Special Duty, with the Testamentary Department