Sriram Venkateswaran vs Rukmani Venkateswaran — Succession and Inheritance | Bombay HC (2026)

Sriram Venkateswaran vs Rukmani Venkateswaran — 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 directed 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 and no caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration for the properties left by the deceased Rukmani Venkateswaran should be granted to the petitioner Sriram Venkateswaran under the Indian Succession Act, 1925. +1 more

Court's answer

With the citation published and the 14-day period expired, no one having appeared to resist the petitioner's claim and nothing having been brought to notice regarding pending litigation about the same properties, the petition is treated as an uncontested one.

Ratio / Principle

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 heir of the deceased, is exempted from furnishing the administrative bond.

Key takeaways

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¶13
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¶15

Detailed headnote1 paragraphs

Testamentary Petition 4.TP/5344/2025 (High Court of Bombay, Testamentary Department, order dated 21st January 2026 by Shri. P. A. Jagdale, Officer on Special Duty): Sriram Venkateswaran, son of the deceased Rukmani Venkateswaran (who died as a widow on 19-01-2019 at Mumbai), applied under the Indian Succession Act, 1925 for Letters of Administration to the properties left by her and listed in Schedule I of the petition. Citation was issued and displayed on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai, and the 14-day period expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, with notice to the Collector vide Rule 396; no one resisted the claim and no pending litigation concerning the properties was reported, so the petition was treated as uncontested. Following the order in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner, as sole heir, was exempted from furnishing the administrative bond. A proposed amendment per praecipe dated 07.01.2026 was accepted as relevant and permitted. The facts stated on oath remaining unchallenged, the petition was allowed: Letters of Administration were granted with effect throughout the State of Maharashtra, subject to the petitioner filing an account as 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 resisting the petition has been filed.

1 4.TP/5344/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 21st January 2026

FOR COMPLIANCE:

TP/5344/2025 ) Ms. Sapna Rachure Ld. Advocate for the Petitioner (AMH20240126772C2025000 ) 33) )

P.C.:

Petitioner, namely Sriram Venkateswaran, 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 Rukmani Venkateswaran(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. Heard Ld. Advocate for the petitioner. Petitioner seeks permission to amend the petition, in terms of the Draft amendment, annexed to the said praecipe, dated 07.01.2026. Proposed amendment is appeared to be relevant as stated in the praecipe. Hence, submission is accepted. Petitioner to carry out an amendment withing period of 03 weeks from the date of uploading this order, if the petition is pending. Consequential amendment, if any, stands allowed. Furthermore, in case of online petition, the petitioner to upload the amended petition, within period of 05 days from the date of amendment.

Said deceased died as a Widow on 19-01-2019 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

2 4.TP/5344/2025

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 heir of the deceased, is exempted from furnishing the administrative bond.

Ld. Advocate for the petitioner submitted that in view of provisions of the 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, 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.

21st January 2026 Officer on Special Duty, with the Testamentary Department