Suresh Harichandra Kadam and Anr. v. Sunanda Sakaram Kadam (Deceased)

Bombay HC19 Apr 2025TP/1665/2025

Case brief

AI extract

What is this about?

Testamentary Petition; Bombay High Court Testamentary and Intestate Jurisdiction; grant in favour of Petitioners; deceased Sunanda Sakaram Kadam; Class II heirs entry No. (vi); consent of Draupadi dated 03.12.2025; consent affidavit taken on record; Department's objection dispensed with; Justice Milind N. Jadhav; petition disposed; issuance of grant in accordance with law.

What did the court decide?

Grant ordered to be issued in the names of the Petitioners, with the Department directed to accept the original consent affidavit dated 03.12.2025 (photostat copy taken on record) and proceed with issuance of the grant in accordance with law, subject to other compliances. ¶¶16

Suresh Harichandra Kadam and Anr. vs Sunanda Sakaram Kadam (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶16

Issue for consideration

Whether, there being no legal heir in any entry above entry No. (vi) of Class II other than Draupadi (who falls under entry No. (vi)) and she having consented on 03.12.2025, any impediment remained to allowing the Testamentary Petition notwithstanding the Department's objection.

¶¶12

Court's answer

Given counsel's statement that there is no other legal heir in any entry above entry No. (vi) of Class II except Draupadi, who falls under entry No. (vi) and has given her consent dated 03.12.2025, there is no impediment to allowing the Petition; the objection raised by the Department stands dispensed with.

¶¶12

Ratio / Principle

Grant is to be issued in the name of the Petitioners; the Department is directed to accept the original consent dated 03.12.2025 and thereafter proceed with issuance of the grant in accordance with law, subject to other compliances.

¶¶13

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Testamentary Petition No. 1665 of 2025 (estate of deceased Sunanda Sakaram Kadam; Petitioners led by Suresh Harichanddra Kadam): On the Petitioners' counsel stating that no legal heir exists in any entry above entry No. (vi) of Class II other than Draupadi, who herself falls under entry No. (vi) of Class II and had given her consent dated 03.12.2025, the Court found no impediment to allowing the Petition and held the Department's objection dispensed with. The Court directed that the grant be issued in the names of the Petitioners, that the Department accept the original consent affidavit dated 03.12.2025 (its photostat copy taken on record), and that the Department thereafter proceed with issuance of the grant in accordance with law, subject to other compliances. Single Judge: Milind N. Jadhav, J. Order dated 05 December 2025; Petition disposed.

Suresh Harichandra Kadam and Anr. v. Sunanda Sakaram Kadam (Deceased)

Case brief

What is this about?

What did the court decide?

Suresh Harichandra Kadam and Anr. v. Sunanda Sakaram Kadam (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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