Joanna Marian Dsouza alias D Souza vs Reigney… — Succession and Inheritance | Bombay HC (2026)

Joanna Marian Dsouza alias D Souza vs Reigney… — 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, under the provisions of the Indian Succession Act, 1925; petitioner (sole heir) exempted from furnishing the administrative bond.

Issue for consideration

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

Court's answer

The facts stated by the petitioner and the heirs 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

Since no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties, the petition was treated as an uncontested one.

Key takeaways

The petition was allowed and Letters of Administration were ordered 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¶15
Being the sole heir of the deceased, the petitioner was exempted from furnishing the administrative bond, in view of the prior orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023.ratio¶10
The petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary Department), order dated 05th February, 2026 in 86.TP/6056/2025, issued by Shri P. A. Jagdale, Officer on Special Duty: Joanna Marian Dsouza @ D'Souza, daughter of the deceased Reigney Clotilda D'souza (who died a widow on 16-06-2023 at Mumbai), applied for Letters of Administration under the Indian Succession Act, 1925 for the deceased's properties listed in Schedule I. After the citation period of 14 days expired (Rule 397(1) and (4), Bombay High Court (O.S.) Rules, 1980) with publication on the High Court and Collector's Office notice boards, notice to the Collector (Rule 396) and affidavit of service, no one opposed the claim and no pending litigation was reported; the petition was treated as uncontested. The facts sworn on oath remaining unchallenged, the petition was allowed: Letters of Administration were granted for the scheduled properties, effective throughout the State of Maharashtra. As sole heir, the petitioner was exempted from furnishing the administrative bond in view of prior orders in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023 and in TP/2918/2023. Further directions: the petitioner to file the account undertaken in her oath within the stipulated period, and the office to verify absence of any cross-petition or caveat before issuing the grant.

1 86.TP/6056/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 05th February, 2026

FOR COMPLIANCE:

TP/6056/2025 ) Shri. Melwyn Pereira Ld. Advocate for the ) (AMH20230016919C2025000 Petitioner ) 09)

P.C.:

Petitioner, namely JOANNA MARIAN DSOUZA @ D’SOUZA, 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 Reigney Clotilda D’souza(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 16-06-2023 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.

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 Succession Act, 1925, the petitioner, being daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and

2 86.TP/6056/2025

heirs 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.

Officer on Special Duty,

05th February, 2026 Officer on Special Duty, with the Testamentary Department