Thulasi Sudharshan Nair vs Gouri Achuthan Alias… — Succession and Inheritance | Bombay HC (2025)

Thulasi Sudharshan Nair vs Gouri Achuthan Alias… — 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 shown in the schedule, in the prescribed format as per the provisions of the Indian Succession Act, 1925; petitioner directed to file an account as undertaken in the Petitioner's Oath within the stipulated period; office to verify before issuance of the grant that no cross petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether Letters of Administration should be granted to the petitioner for the properties left by the deceased Gouri Achuthan alias Gouri Pathiyil under the Indian Succession Act, 1925. +1 more

Court's answer

Since no one appeared to resist the petitioner's claim and nothing was brought to the notice of the court 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 and were required to be accepted by the court.

Key takeaways

The petition was allowed and Letters of Administration were directed to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925, subject to filing of the account as undertaken in the petitioner's oath within the stipulated period and to the office verifying before issuance that no cross-petition or caveat is pending.ratio¶15

Detailed headnote1 paragraphs

Testamentary Petition 27.TP/5670/2024 (Officer on Special Duty with Testamentary Department, 25th February, 2025): Letters of Administration granted under the Indian Succession Act, 1925 to petitioner Thulasi Sudharshan Nair, daughter of the deceased Gouri Achuthan alias Gouri Pathiyil, who died a widow at Mumbai on 25/02/2020, for properties shown in Schedule-I of the petition. Petition uncontested (citation displayed per Rule 397(1) and (4), Collector notified per Rule 396, Bombay High Court (O.S.) Rules, 1980); all legal heirs consented by affidavit without reserving any right; administration bond in Form No. 118 filed with surety. Entitlement advanced by counsel on the basis of the Hindu Succession Act, 1956; sworn facts unchallenged and accepted. Grant conditioned on filing of the account undertaken in the petitioner's oath within the stipulated period and on office verification, before issuance, that no cross-petition or caveat is pending.

1 27.TP/5670/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 25th February, 2025

FOR COMPLIANCE:

27.TP/5670/2024 P. Ashwini Pawar-Padalkar i/b PADALKAR AND (On-line filing) C. : PARTNERS(P), Ld. Advocate for the Petitioner

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 GOURI ACHUTHAN ALIAS GOURI PATHIYIL (For short “Said deceased”). The petitioner, namely THULASI SUDHARSHAN NAIR, 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 25/02/2020 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. 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 Affidavits to grant prayer of petitioner to grant a Letters of

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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 Hindu Succession Act, 1956, the petitioner, being Daughter 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,

25th February, 2025 Officer on Special Duty, with Testamentary Department