Allowed¶8

Meghna Moreshwar Pethe v. Vishwanath Vyankatesh Pethe (Deceased)

Bombay HC5 Feb 2025TP/3043/2024

Case brief

AI extract

What is this about?

Testamentary Petition 3043 of 2024; Bombay High Court; deletion of heir; Section 218 Indian Succession Act 1925; consents of all family members; Class – I legal heir; demise of Moreshwar brother of deceased; objection dispensed; issuance of Grant within three weeks; Milind N. Jadhav; October 09, 2025.

What did the court decide?

Testamentary Petition allowed and disposed; Objection No.3 in the order dated 23.08.2025 dispensed with; Department directed to issue the Grant to the Petitioners within three weeks on all due compliances of office objections, if any. ¶8

Meghna Moreshwar Pethe vs Vishwanath Vyankatesh… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶8

Issue for consideration

Whether, once the consents of all the family members are given, any further compliance in terms of Section 218 of the Indian Succession Act, 1925 is required before issuance of the Grant (Objection No.3 in the requisition order dated 23.08.2025).

¶6

Court's answer

Once the consents of all the family members are given, no further compliance is required in terms of Section 218 of the Indian Succession Act, 1925; hence Objection No.3 in the order dated 23.08.2025 stands dispensed with.

¶6

Ratio / Principle

The Department is directed to proceed with issuance of the Grant in accordance with law to the Petitioners; the Grant is to be issued within a period of three weeks on all due compliances of office objections, if any.

¶7

Detailed headnote1 paragraphs

(High Court of Judicature at Bombay – Testamentary and Intestate Jurisdiction; Milind N. Jadhav, J.; 09.10.2025) Testamentary Petition No.3043 of 2024 — application for deletion of an heir. By requisition order dated 23.08.2025 the Court had required the Petitioners to rectify the position with respect to the demise of Moreshwar, brother of the deceased (Objection Nos.1 to 3); Objections 1 and 2 stood complied with. On Objection No.3 (further compliance under Section 218 of the Indian Succession Act, 1925), it was pointed out that the 86-year-old Petitioner, a Class – I legal heir of the deceased, had given her consent to her deceased brother’s daughter and son as Petitioners, the consent being appended. Held: once the consents of all the family members are given, no further compliance in terms of Section 218 of the Indian Succession Act, 1925 is required; Objection No.3 stands dispensed with; the Department is directed to issue the Grant to the Petitioners within three weeks on all due compliances of office objections, if any. Testamentary Petition allowed and disposed.

Meghna Moreshwar Pethe v. Vishwanath Vyankatesh Pethe (Deceased)

Case brief

What is this about?

What did the court decide?

Meghna Moreshwar Pethe v. Vishwanath Vyankatesh Pethe (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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