Ayan Deb Mukerji v. Deb Sasadhar Mukerji

Bombay HC1 Dec 2025TP/5873/2025

Case brief

AI extract

What is this about?

Letters of Administration; Section 278 Indian Succession Act 1925; Testamentary Petition; Probate; Bombay High Court Testamentary & Intestate Jurisdiction; deceased Deb Sasadhar Mukerji @ Debu Mukerji; petitioner Ayan Deb Mukerji; consent affidavit of legal heir Amrit Deb Mukerji dated 26.08.2025; uncontested/unopposed succession matter; Department directed to issue LA within 3 weeks; office objections; Milind N. Jadhav J.; decided 01.12.2025.

What did the court decide?

Testamentary Petition allowed and disposed of in terms of the un-numbered prayer clause (probate to the Petitioner having effect in the State of Maharashtra); Department directed to issue the Letters of Administration within 3 weeks, subject to compliance of office objections, if any. ¶¶19

Ayan Deb Mukerji vs Deb Sasadhar Mukerji — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Letters of Administration under Section 278 of the Indian Succession Act, 1925 should be issued to the Petitioner in respect of the properties and credits of the deceased Deb Sasadhar Mukerji @ Debu Mukerji.

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Court's answer

After perusing the Petition (including legal-heir details and purpose of filing) and the consent affidavit of the legal heir, the Court held there was no impediment in allowing the Petition.

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Ratio / Principle

The Testamentary Petition was allowed and disposed of in terms of the un-numbered prayer clause, whereby the Petitioner prayed that a Probate be granted to the Petitioner having effect in the State of Maharashtra.

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Key takeaways

The Department was directed to issue the Letters of Administration as directed above within a period of 3 weeks from the date of the order, positively.ratio¶¶22
The allowance and disposal of the Testamentary Petition was made subject to compliance of office objections, if any, which shall be allowed by the Department.ratio¶¶24

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Milind N. Jadhav, J., 01.12.2025 — Testamentary Petition No. 5873 of 2025. Petitioner Ayan Deb Mukerji @ Ayan Debu Mukerji @ Ayan Mukerji sought Letters of Administration under Section 278 of the Indian Succession Act, 1925 in respect of the properties and credits of deceased Deb Sasadhar Mukerji @ Debu Mukerji. A consent affidavit dated 26.08.2025 of legal heir Amrit Deb Mukerji (appended at page No. 44 of the Petition) was on record. Holding there was no impediment, the Court allowed and disposed of the Petition in terms of the un-numbered prayer clause praying for grant of Probate having effect in the State of Maharashtra, directed the Department to issue the Letters of Administration within 3 weeks positively, and made the disposal subject to compliance of office objections, if any.

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P12.TP.5873.2025.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION

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TESTAMENTARY PETITION NO. 5873 OF 2025

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Deb Sasadhar Mukerji @ Debu Mukerji

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Ayan Deb Mukerji @ Ayan Debu Mukerji @ Ayan Mukerji

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.. Deceased

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.. Petitioner

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Mr. Suyash Kalbhor h/f B. G. Saraf, Advocates for Petitioner.

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CORAM : MILIND N. JADHAV, J. DATE : DECEMBER 01, 2025.

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P.C.:

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1. Not on Board. Mentioned by way of filing praecipe dated 01.12.2025. Perused the praecipe.

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2. Heard Mr. Kalbhor, learned Advocate for Petitioner.

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3. Present Testamentary Petition is filed by Petitioner for issuance of Letters of Administration under Section 278 of the Indian Succession Act, 1925 in respect of the properties and credits of deceased Deb Sasadhar Mukerji @ Debu Mukerji. The names and details of legal heirs of the deceased are stated in paragraph No. 8 of the Petition. Purpose for filing the present Petition is stated in paragraph No. 7 of the Petition. I have perused the same.

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4. Consent affidavit dated 26.08.2025 of Amrit Deb Mukerji, the legal heirs of the deceased are appended to page No. 44 of the

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1 of 2

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P12.TP.5873.2025.doc

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Petition.

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5. In view of the above, there can be no impediment in allowing the Petition. Testamentary Petition is allowed and disposed of in terms of un-numbered prayer clause which reads thus:-

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“The Petitioner, therefore, prays that a Probate may be granted to the Petitioner, having effect in the State of Maharashtra.”

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6. Department is directed to issue the Letters of Administration

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as directed above within a period of 3 weeks from today positively.

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7. Testamentary Petition is allowed and disposed subject to

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compliance of office objections, if any, forthwith which shall be allowed by the Department.

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[ MILIND N. JADHAV, J. ]