Genevieve Sebastian Dsilva vs Charles Joseph… — Succession and Inheritance | Bombay HC (2026)

Genevieve Sebastian Dsilva vs Charles Joseph… — 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; 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 and no caveat resisting the petition has been filed.

Issue for consideration

Whether the petitioner, being the granddaughter of the deceased, is entitled to seek Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased. +1 more

Court's answer

Petition allowed; Letters of Administration to be 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 / Principle

Nothing was brought to the notice of the court regarding pending litigation about the same properties and no one resisted the claim; hence the petition was treated as an uncontested one.

Key takeaways

The facts stated by the petitioner on oath remained unchallenged, were required to be accepted, and accordingly the petition deserved to be allowed as prayed for.ratio¶13
The petitioner, being the sole heir of the deceased, is exempted from furnishing the administrative bond, in view of the orders in TP Nos. 2556 & 2559 of 2022 (dated 28.02.2023) and TP/2918/2023.ratio¶10

Detailed headnote1 paragraphs

Uncontested testamentary petition (66.TP/5788/2025): the Officer on Special Duty, Testamentary Department, allowed the petition and directed grant of Letters of Administration to petitioner GENEVIEVE SEBASTIAN D'SILVA, granddaughter of the deceased CHARLES JOSEPH FERNANDES (died 07-04-1957 at Mumbai), for the properties shown in Schedule I, effective throughout the State of Maharashtra, under the Indian Succession Act, 1925. Citation was published for 14 days (Rules 396 and 397(1) and (4), Bombay High Court (O.S.) Rules, 1980) with no objector and no pending litigation reported; delay explained vide Rule 382 of the Rules. As sole heir, the petitioner was exempted from furnishing the administrative bond in view of the orders in TP Nos. 2556 & 2559 of 2022 (dated 28.02.2023) and TP/2918/2023. Petitioner to file account as undertaken in the oath; office to verify absence of cross-petition or caveat before issuance of the grant.

1 66.TP/5788/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 24th February, 2026

FOR COMPLIANCE:

TP/5788/2025 ) Shri. Raju R Pathak i/b M A Dhorajiwala Ld. ) (AMH20240129512C2025000 Advocate for the Petitioner ) 03)

P.C.:

Petitioner, namely GENEVIEVE SEBASTIAN D'SILVA, 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 JOSEPH FERNANDES(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 07-04-1957 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. 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.

In view of the 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

2 66.TP/5788/2025

Succession Act, 1925, the petitioner, being grand daughter 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.

Officer on Special Duty,

24th February, 2026 Officer on Special Duty, with the Testamentary Department