Immanuel David Darshanam vs David Prabhudas… — Succession and Inheritance | Bombay HC (2026)

Immanuel David Darshanam vs David Prabhudas… — 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, having effect throughout the State of Maharashtra under 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 has been filed.

Issue for consideration

Whether the petitioner, being the son of the deceased, 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

The facts stated by the petitioner on oath remained unchallenged and were required to be accepted; accordingly, the petition deserved to be allowed as prayed for.

Ratio / Principle

No one appeared to resist the petitioner's claim and nothing was brought to the Court's notice regarding pending litigation over the same properties; the petition is therefore treated as an uncontested one.

Key takeaways

The petitioner, being the sole class-I heir of the deceased, is exempted from furnishing the administrative bond in view of the Court's order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022.ratio¶11
The petition is allowed and Letters of Administration are 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.ratio¶16

Detailed headnote1 paragraphs

Uncontested testamentary petition (85.TP/5306/2025) before the Bombay High Court, Testamentary Department (Shri P. A. Jagdale, Officer on Special Duty), decided on 02nd February, 2026. Petitioner Immanuel David Darshanam, stated to be the son of the deceased David Prabhudas Darshanam and his sole class-I heir, sought Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased, who died on 28-07-2018 at Mumbai leaving the legal heirs listed in paragraph 4 of the petition and the properties in Schedule I. Citation was published on the notice boards of the High Court and the Collector's Office, Mumbai (Rules 397(1) and (4) and Rule 396, Bombay High Court (O.S.) Rules, 1980); no objection, caveat or pending litigation was reported, and the petition was treated as uncontested. In view of the Court's order dated 28.02.2023 in TP Nos. 2556 & 2559 of 2022, the petitioner was exempted from furnishing the administrative bond. Held: the facts stated on oath being unchallenged, the petition was allowed and Letters of Administration granted, effective throughout the State of Maharashtra, subject to the petitioner filing the account undertaken in the Petitioner's Oath within the stipulated period and to office verification, before issuance of the grant, that no cross-petition is pending and no caveat has been filed.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 02nd February, 2026

FOR COMPLIANCE:

TP/5306/2025

) Ms. Siddhi Mekde i/b J S Pawar Ld. Advocate for ) the Petitioner )

P.C.:

Petitioner, namely IMMANUEL DAVID DARSHANAM, 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 DAVID PRABHUDAS DARSHANAM (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 affidavit with document to dispense with the requisition of an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Married on 28-07-2018 at Mumbai leaving behind him 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.

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.

In view of the order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, being the sole class-I 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 Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner, on oath,

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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,

02nd February, 2026 Officer on Special Duty, with the Testamentary Department