Cyril Lawrence Sequeira vs Rita Lawrence Sequeira — Succession and Inheritance | Bombay HC (2026)

Cyril Lawrence Sequeira vs Rita Lawrence Sequeira — Succession and Inheritance | Bombay HC (2026)

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, in the prescribed format, having effect throughout the State of Maharashtra as per the provisions of the Indian Succession Act, 1925; petitioner to file an account as undertaken in the Petitioner's Oath within the stipulated period; 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, Cyril Lawrence Sequeira (son of the deceased Rita Lawrence Sequeira), is entitled to the grant of Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased.

Court's answer

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 accordingly treated as an uncontested one.

Ratio / Principle

The facts stated by the petitioner and the heir 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

Testamentary Petition — Letters of Administration — Indian Succession Act, 1925 — Petitioner Cyril Lawrence Sequeira, son of the deceased Rita Lawrence Sequeira (died a widow on 27-07-2018 at Mumbai), sought Letters of Administration for the properties shown in Schedule I of the petition; delay explained vide Rule 382; citation issued and affixed on the notice boards of the High Court and the Collector's Office, Mumbai, with 14 days expired vide Rule 397(1) and (4), and notice issued to the Collector vide Rule 396, of the Bombay High Court (O.S.) Rules, 1980; the legal heir consented by affidavit without reserving any right; administration bond in prescribed Form No. 118 filed with surety; no one appeared to resist the claim and nothing was brought to the notice regarding pending litigation, so the petition was treated as uncontested; facts stated on oath remained unchallenged — petition allowed and Letters of Administration granted having effect throughout the State of Maharashtra; Hindu Succession Act, 1956 cited by counsel for the petitioner's entitlement as son of the deceased.

1 66.TP/250/2026

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 11th March, 2026

FOR COMPLIANCE:

TP/250/2026 ) Ms. Sharvari S Nagvekar Ld. Advocate for the (AMH20240131957C2025000 ) Petitioner 48) )

P.C.:

Petitioner, namely Cyril Lawrence Sequeira, 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 Rita Lawrence Sequeira(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 Widow on 27-07-2018 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. The deceased left properties shown in Schedule I of the petition. The delay has been explained vide Rule 382 of the Rules.

Office issued Citation to all concern and same has been 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”). 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 heir of the deceased has consented by way of Affidavit to grant the prayer of the petitioner to grant a Letter of Administration, without reserving any right. The legal heir has accepted the facts regarding their relationship, inter se.

Petitioner has filed the administration Bond in the prescribed form No. 118 with surety.

2 66.TP/250/2026

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 Letters of Administration. Hence, facts stated by the petitioner and heir 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.

11th March, 2026 Officer on Special Duty, with the Testamentary Department