Dorothy Jane Devdas alias Dorothy Devdas vs… — Succession and Inheritance | Bombay HC (2026)

Dorothy Jane Devdas alias Dorothy Devdas vs… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Petition allowed; 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 under the provisions of the Indian Succession Act, 1925; petitioner directed to file the account undertaken in her 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 the petitioner, Dorothy Jane Devdas, widow of the deceased Charles Gnanam Devdas (who died on 24-04-2023 at Auckland, New Zealand, leaving heirs named in paragraph 4 of the petition and properties in Schedule I thereof), is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased.

Court's answer

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.

Ratio / Principle

Letters of Administration were 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.

Detailed headnote1 paragraphs

Uncontested Letters of Administration petition — Bombay High Court, Testamentary Department (Officer on Special Duty). Dorothy Jane Devdas, widow of Charles Gnanam Devdas (died a married man on 24-04-2023 at Auckland, New Zealand, leaving heirs named in paragraph 4 of the petition and properties in Schedule I), applied under the Indian Succession Act, 1925 for Letters of Administration to his estate. Citation was issued and affixed on the notice boards of the Hon'ble High Court and the Collector's Office, Mumbai; the 14-day period under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980 expired without opposition, and the Rule 396 notice to the Collector produced nothing adverse, so the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and an administration bond in prescribed form No. 118 with surety was filed. Finding the sworn facts unchallenged, the court granted Letters of Administration effective throughout the State of Maharashtra, directed the petitioner to file the account undertaken in her oath within the stipulated period, and required the office to verify, before issuance of the grant, that no cross-petition is pending and no caveat resists the petition.

1 49.TP/5569/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 26th February, 2026

FOR COMPLIANCE:

TP/5569/2025 ) Shri. Sagar Sable i/b Ankita Gala Ld. Advocate for ) (AMH20240128621C2025000 the Petitioner ) 30)

P.C.:

Petitioner, namely DOROTHY JANE DEVDAS alias DOROTHY DEVDAS, 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 CHARLES GNANAM DEVDAS(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 24-04-2023 at Auckland, New Zealand 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.

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

2 49.TP/5569/2025

surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the Indian Succession Act, 1925, the petitioner, being Widow 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.

26th February, 2026 Officer on Special Duty, with the Testamentary Department