Keith Aloysius John Cardozo vs Karen Cardozo alias… — Succession and Inheritance | Bombay HC (2025)

Keith Aloysius John Cardozo vs Karen Cardozo 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 as shown in the schedule, under the provisions of the Indian Succession Act, 1925. Directions: (i) petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period; (ii) before issuance of the grant, the office to verify that no cross-petition is pending or caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, brother of the deceased, is entitled under the Indian Succession Act, 1925 to be granted Letters of Administration for the properties left by the deceased. +2 more

Court's answer

Petition allowed and Letters of Administration granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the provisions of the Indian Succession Act, 1925.

Ratio / Principle

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

Key takeaways

On the petition being uncontested, the facts stated by the petitioner on oath — including that he, as brother of the deceased, is entitled under the provisions of the Indian Succession Act, 1925 to seek Letters of Administration — were held to have remained unchallenged and were accepted, so the petition deserved to be allowed as prayed for.ratio¶13
The facts stated by the petitioner on oath remained unchallenged and were required to be accepted.ratio¶13
The petitioner, being the sole heir of the deceased, was exempted from furnishing the administrative bond in view of the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.

Detailed headnote1 paragraphs

Testamentary petition (compliance) — Bombay High Court, 56.TP/844/2025, decided 21-04-2025 by Shri P. A. Jagdale, Officer on Special Duty, Testamentary Department. Uncontested petition under the Indian Succession Act, 1925 by Keith Aloysius John Cardozo, brother of the deceased, for Letters of Administration to the properties left by Karen Cardozo (also Karen Anthony Cardozo / Karen Anne Cardozo), a spinster who died on 01-08-2018 at Mumbai. Citation was affixed on the High Court and Collector's Office notice boards and 14 days expired under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice was issued to the Collector under Rule 396; no objector appeared and no pending litigation over the same properties was reported, so the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right. Following the orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and TP/2918/2023, the petitioner, as sole heir, was exempted from furnishing the administrative bond. Petition allowed; Letters of Administration granted for the scheduled properties, subject to filing of the account undertaking in the Petitioner's Oath within the stipulated period and to office verification, before issuance of the grant, that no cross-petition or caveat is pending.

1 56.TP/844/2025

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 21st April 2025

FOR COMPLIANCE:

TP/844/2025 P. C. Ms. Geeta Sonawane i/b Denzil D’mello Ld. Advocate for the : Petitioner (AMH20240129201 C202400010)

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 Karen Cardozo alias Karen Anthony Cardozo alias Karen Anne Cardozo (For short “Said deceased”). The petitioner, namely Keith Aloysius John Cardozo alias Keith Aloysius Cardozoalias Keith A. J. Cardozoalias Keith Cardozo alias Keith Aloysius J. Cardozo, 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 Spinster on 01-08-2018 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. 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

2 56.TP/844/2025

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 Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023, the petitioner being the sole heir of the deceased is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the Indian Succession Act, 1925, the petitioner, being Brother of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, 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.

21st April 2025 Officer on Special Duty, with Testamentary Department