Rajitha Sunil Kumar Nair v. Kuttinath Unnikrishnan

P3.TP.2121.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO.2121 OF 2025 Kuttinath Unnikrishnan son of M. Narayanan Nair .. Deceased Rajitha Sunil Kumar Nair Nee Rajitha Kuttinath Unnikrishnan .. Petitioner ....................

 Mr. Yash Khumar, Advocate i/by Parisha Shah for Petitioner. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 11, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 11.09.2025. Perused the praecipe.

2.

Heard Mr. Khumar, learned Advocate for Petitioner. 3.

Petitioner has filed Petition seeking grant of Letters of Administration without Will to the property and credits of deceased. Petitioner is daughter of deceased and she resides in Karnataka whereas there is one more legal heir namely son of deceased who is a resident of United States of America (U.S.A.). 4.

Mr. Khumar would submit that all requisitions stand complied with by Petitioner except for filing of Administration Bond. He would submit that since Petitioner is a resident of Karnataka and her brother is a resident of U.S.A. neither of them have or known any

P3.TP.2121.2025.doc person residing in the jurisdiction of this Honourable Court who can stand as surety for the purpose of filing the Administration Bond. He would submit that in these circumstances, Petitioner seeks direction for dispensing with filing of Administration Bond by her. 5.

Perusal of Petition prima facie shows that Petitioner is a resident of Banglore, Karnataka. Copy of consent Affidavit dated 06.03.2025 of her brother is appended to the Petition. It is also averred that Petitioner does not know any person within territorial jurisdiction of this Court who can stand as surety. 6.

After hearing Mr. Khumar and considering the above submissions, requisition raised by Registrar, inter alia, pertaining to filing of Administration Bond in the facts and circumstances of the present can be dispensed with. Accordingly the requisition raised by Testamentary Registrar for filing of Administration Bond is dispensed with.

7.

Testamentary Registrar shall proceed accordingly. 8.

Praecipe filed by Mr. Khumar stands allowed in above terms and stands disposed.

H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.09.11 16:20:53 +0530 HARSHADA HANUMANT SAWANT