Rajesh Suresh Deshpande vs Suresh Yeshwant Deshpande and Sheetal Suresh Deshpande — Bombay HC (2026) — LawSathi Research

Rajesh Suresh Deshpande vs Suresh Yeshwant Deshpande and Sheetal Suresh Deshpande — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Letters of Administration granted to the Petitioner having effect throughout the State of Maharashtra, in terms of the unnumbered prayer clause; Department directed to issue the Grant within three weeks, subject to compliance of office objections, if any, forthwith.

Issue for consideration

Whether the want of consent of legal heir Shailesh, and the resulting objection in the Department's requisition dated 04.08.2025, obstructed the grant of Letters of Administration sought by the Petitioner.

Court's answer

With the original notarised consent affidavit of legal heir Shailesh directed to be accepted by the Department, the objection raised in the requisition dated 04.08.2025 stands dispensed with.

Ratio / Principle

There can be no impediment in allowing the Petition; the Testamentary Petition is allowed and disposed of in terms of the unnumbered prayer clause, i.e., grant of Letters of Administration to the Petitioner having effect throughout the State of Maharashtra.

Key takeaways

The Department is directed to issue the Grant within a period of three weeks positively, and the Petition stands allowed and disposed subject to compliance of office objections, if any, forthwith.ratio¶27

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Testamentary and Intestate Jurisdiction), Milind N. Jadhav, J. (08.01.2026): Testamentary Petition No. 3810 of 2025 filed by Rajesh Suresh Deshpande for issuance of Letters of Administration in respect of the properties and credits of the deceased is allowed and disposed of. The only obstacle was the non-availability of consent of legal heir Shailesh at the time of filing and even after issuance of citation; this was cured by a Consent Affidavit affirmed on 01.12.2025 and duly notarised before a Notary Public in the State of New York, whose original was directed to be accepted by the Department. Upon such acceptance, the objection raised in the Department's requisition dated 04.08.2025 stood dispensed with, and the Court held there was no impediment to allowing the Petition in terms of the unnumbered prayer clause - grant of Letters of Administration having effect throughout the State of Maharashtra. The Department was directed to issue the Grant within three weeks positively, subject to compliance of office objections, if any, forthwith.

P4.TP.3810.2025.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

TESTAMENTARY PETITION NO.3810 OF 2025

Suresh Yeshwant Deshpande alias Suresh Deshpande alias Deshpande Suresh Yeshwant alias Mr. Deshpande Suresh Yeshwant alias Suresh Y. Deshpande alias Deshpande Suresh Y.

Sheetal Suresh Deshpande alias Mrs. Deshpande Sheetal Suresh alias Deshpande Sheetal S.

.. Deceased

Rajesh Suresh Deshpande .. Petitioner

Mr. Sushil A. Inamdar, Advocate i/by A. B. Shrikhande for Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : JANUARY 08, 2026

P.C.:

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

08.01.2026. Perused the praecipe.

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

3. When the Petition is filed Consent of the non-consenting

legal heir namely Shailesh was not available and even thereafter after issuance of citation.

4. However Mr. Inamdar has placed on record the consent of Shailesh affirmed on 01.12.2025. The said Consent Affidavit is duly notarised before Notary Public in the State of New York.

5. The original is directed to be accepted by the Department.

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P4.TP.3810.2025.doc

6. Once that is done, the objection raised in requisition dated 04.08.2025 stands dispensed with.

7. Present Testamentary Petition is filed by Petitioner for issuance of Letters of Administration in respect of the properties and credits of deceased. The names and details of legal heirs of the deceased are stated in paragraph No.5 of the Petition. Purpose for filing the present Petition is stated in paragraph No.6 of the Petition. I have perused the same.

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

“The Petitioner prays that Letters of Administration may be

granted to him having effect throughout State of Maharashtra.”

9. Department is directed to issue the Grant as directed above within a period of 3 weeks from today positively.

10. Testamentary Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

H. H. SAWANT

Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2026.01.08 16:34:30 +0530

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