Bombay High Court
Krishnakumar Subramanian vs Krishnaswamy Subramanian (Deceased) on 30 July, 2025
1 65.TP/1828/2025
Before :Shri. P. A. Jagdale,
Officer on Special Duty,
With Testamentary Department
Date 30th July 2025
FOR COMPLIANCE:
65. TP/1828/2025 P. Ms. Akshata Pawar i/b Pramodkumar & Co. Ld. Advocate
C. : for the Petitioner
(AMH2024013015
2C202400014)
1) This is a petition for grant of Letters of Administration,
under the Provisions of Indian Succession Act, 1925 (for
short "IS Act") for the properties left by the deceased,
namely Krishnaswamy Subramanian (For short "Said
deceased"). The petitioner, namely Krishnakumar
Subramanian, has filed documents.
2) I have heard Ld. Advocate. I perused the documents,
such as true copy of the death certificate of the deceased,
affidavit with document to dispense with requisition of
identity proof of the deceased, oath in the prescribed
format, affidavit of service citation.
3) Said deceased died as a married on 06-09-2021 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. Deceased left properties shown in the
schedule-I of the petition. The delay has been explained
vide Rule 382 of the Rules.
4) Citation was issued, which has been duly 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") and an
affidavit to that effect has been filed. Notice to collector has
been issued vide Rule 396 of BHC Rules. Till today, no one
appeared to resist the claim of the petitioner or nothing is
brought to the notice regarding pending litigation
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2 65.TP/1828/2025
pertaining to the same properties. Hence, the petition is
treated as uncontested one.
5) Legal heirs of the deceased have consented by way of
Affidavits to grant prayer of petitioner to grant a Letters of
Administration, without reserving any right. Legal heirs
have accepted the facts, regarding their relationship, inter-
se.
6) Petitioner has filed the administration Bond in
prescribed form No. 118 with surety.
7) Ld. Advocate for the petitioner submitted that in view of
provisions of the Hindu succession Act, 1956, the petitioner,
being Son of the deceased, is entitled to seek a Letters of
Administration. Hence, facts stated by petitioner and heirs
of the deceased, on oath, remained unchallenged and
required to be accepted. Accordingly, 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 prescribed format as per the provisions of the Indian Succession Act, 1925.
2) The petitioner to file an account as under taken in a Petitioner's Oath within stipulated period.
3) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.
30th July 2025 Officer on Special Duty, with Testamentary Department ::: Uploaded on - 02/08/2025 ::: Downloaded on - 08/08/2025 22:42:51 :::