Mahalakshmy Viswanath vs Viswanath Ramnath Manjeri — Succession and Inheritance | Bombay HC (2026)

Mahalakshmy Viswanath vs Viswanath Ramnath Manjeri — 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 India under the Indian Succession Act, 1925. Ancillary directions: 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 there is no cross-petition pending or caveat resisting the petition.

Issue for consideration

Whether the petitioner, widow of the deceased Viswanath Ramnath Manjeri, is entitled to be granted Letters of Administration under the Indian Succession Act, 1925 for the properties left by the deceased and listed in Schedule I of the petition.

Court's answer

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

Ratio / Principle

Facts stated on oath by the petitioner and the heirs of the deceased had remained unchallenged and were therefore required to be accepted, on which basis the petition deserved to be allowed as prayed for.

Key takeaways

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 India as per the provisions of the Indian Succession Act, 1925.ratio¶17

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri P. A. Jagdale, OSD), 06th February, 2026 - In TP 92.TP/6118/2025, Letters of Administration under the Indian Succession Act, 1925 were granted to petitioner Mahalakshmy Viswanath, widow of the deceased Viswanath Ramnath Manjeri, for the estate shown in Schedule I of the petition, with effect throughout India. Citation was issued and the 14-day expiry period under Rule 397(1) and (4) elapsed, and notice was issued to the Collector under Rule 396, of the Bombay High Court (O.S.) Rules, 1980; no one appeared to resist the claim and the petition was treated as uncontested. The legal heir consented by affidavit without reserving any right, and the administration bond was filed in prescribed Form No. 118. The petition was allowed as prayed for; the petitioner is to file an account as undertaken in her oath, and the office is to verify absence of any pending cross-petition or caveat before issuance of the grant.

1 92.TP/6118/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 06th February, 2026

FOR COMPLIANCE:

92.TP/6118/2025 ) Ms. Kavita Sharma i/b. Ganesh & Co., Ld. Advocate ) [Original] for the Petitioner )

(AMH20240128378C20250

P.C.:

Petitioner, namely Mahalakshmy Viswanath W/o Viswanath Ramnath Manjeri, 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 VISWANATH RAMNATH MANJERI,(For short “Said deceased”). 2) 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 Married on 25-05-2025 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.

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 92.TP/6118/2025

surety.

Ld. Advocate for the petitioner submitted that in view of provisions of The Hindu Succession Act, 1956, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by the petitioner and 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 India 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.

06th February, 2026

Officer on Special Duty, with the Testamentary Department