Dinesh Arjun Gilatar vs Daibai Arjun Gilatar (Deceased) — Bombay HC (2026) — LawSathi Research

Dinesh Arjun Gilatar vs Daibai Arjun Gilatar (Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Testamentary Petition allowed and disposed of in terms of the un-numbered prayer clause: grant of Letters of Administration to the Petitioner over the Property and Credits of the deceased Daibai Arjun Gilatar having effect throughout the State of Maharashtra; Department directed to issue the Grant within 3 weeks; subject to compliance of office objections, if any.

Issue for consideration

Whether Letters of Administration should be granted to the Petitioner in respect of the properties and credits of the deceased Daibai Arjun Gilatar.

Court's answer

Since the Proclamation was issued through newspaper by substituted service, the consents of the other surviving legal heirs were on record, no response had been received, and the two non-consenting heirs had gone missing around 1975-76 (more than 50 years ago), there could be no impediment in allowing the Petition.

Ratio / Principle

The Testamentary Petition is allowed and disposed of in terms of the un-numbered prayer clause, i.e. grant to the Petitioner of Letters of Administration to the Property and Credits of the deceased having effect throughout the State of Maharashtra.

Key takeaways

The Department is directed to issue the Grant as directed above within a period of 3 weeks from today positively.ratio¶23
The Testamentary Petition is allowed and disposed subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio¶27

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction), Milind N. Jadhav, J. — Testamentary Petition No. 3087 of 2024, decided 06.03.2026 on mention by praecipe. Petitioner Dinesh Arjun Gilatar sought Letters of Administration to the property and credits of the deceased Daibai Arjun Gilatar. Consent affidavits dated 08.04.2024 of three legal heirs (Maganlal Arjun Gilatar, Premila Maganlal Waghela Nee Premila Arjun Gilatar, Ramesh Arjun Gilatar) were appended at pages 24, 28 and 32 of the Petition. Citation on the two non-consenting legal heirs, Kesar Arjun Gilatar and Dema Arjun Gilatar — stated to be missing since circa 1975-76, i.e. more than 50 years — was completed by substituted service through newspaper proclamation, with Affidavit of Service dated 08.10.2024 filed pursuant to Registry requisition dated 23.10.2024, and an Additional Affidavit of the Petitioner dated 25.11.2024 placed on record. Finding no impediment, the Court allowed and disposed of the Petition in terms of the prayer clause, granting Letters of Administration effective throughout the State of Maharashtra, directed the Department to issue the Grant within 3 weeks, and made the disposal subject to compliance of office objections.

M16.TP.3087.2024

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION

TESTAMENTARY PETITION NO. 3087 OF 2024

Daibai Arjun Gilatar .. Deceased Dinesh Arjun Gilatar .. Petitioner

Mr. Dinesh Arjun Wani i/b Kimaya Prajapati, Advocates for Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : MARCH 06, 2026.

P.C.:

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

06.03.2026. Perused the praecipe.

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

3. Present Testamentary Petition is filed by Petitioner for

issuance of Letters of Administration in respect of the properties and credits of deceased Daibai Arjun Gilatar. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.6 of the Petition. I have perused the same.

4. Consent affidavits dated 08.04.2024 of Maganlal Arjun Gilatar, Premila Maganlal Waghela Nee Premila Arjun Gilatar and Ramesh Arjun Gilatar, the legal heirs of the deceased are appended to

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page Nos. 24, 28 and 32 of the Petition.

5. Mr. Wani would submit that requisition dated 23.10.2024, inter alia pertaining to service of citation to the non-consenting two legal heirs namely Kesar Arjun Gilatar and Dema Arjun Gilatar has been duly compiled with. He would submit that proclamation has been issued through newspaper by substituted service and Affidavit of Service dated 08.10.2024 has been filed. Infact he would submit that since the said Affidavit was not filed, the requisition dated 23.10.2024 was passed. He would also draw my attention to Additional Affidavit of Petitioner dated 25.11.2024, inter alia stating the two non consenting legal heirs went missing sometime in the year 1975-76 i.e. more than 50 years ago. In the above background since Proclamation has been issued and consents of other surviving legal heirs have been filed and no response having been received, the present Petition be allowed. I have perused the same.

6. 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:-

“That this Hon’ble Court be pleased to Grant to the petitioner Letters of Administration to the Property and Credits of the above named deceased having effect throughout state of Maharashtra.”

7. Department is directed to issue the Grant as directed above

within a period of 3 weeks from today positively.

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8. Testamentary Petition is allowed and disposed subject to

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

[ MILIND N. JADHAV, J. ]

Ajay

Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2026.03.07 18:37:35 +0530

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