Neetu Dnyanesh Diwan d/o Guiab Sabhapati Dubey vs… — Succession and Inheritance | Bombay HC (2026)

Neetu Dnyanesh Diwan d/o Guiab Sabhapati Dubey vs… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners for the properties left by the deceased and shown in the schedule, in the prescribed format, having effect throughout India as per the provisions of the Indian Succession Act, 1925; petitioners to file an account as undertaken in the Petitioner's Oath within the stipulated period; and before issuance of the grant, the office to verify that no cross-petition is pending and no caveat resisting the petition has been filed.

Issue for consideration

Whether Letters of Administration for the properties left by the deceased, Gulab Wd/o Sabhapati Dubey, should be granted to her three daughters (the petitioners) under the Indian Succession Act, 1925. +1 more

Court's answer

As no one appeared to resist the petitioners' claim and nothing was brought to the notice of the court regarding any pending litigation about the same properties despite citation, the petition was treated as an uncontested one.

Ratio / Principle

In view of the Order passed in TP No. 2918/2023, all the legal heirs of the deceased are the petitioners themselves, and therefore they were exempted from furnishing the surety bond.

Key takeaways

Since the facts stated by the petitioners on oath remained unchallenged, they were required to be accepted, and accordingly the petition deserved to be allowed as prayed for.ratio¶13

Detailed headnote1 paragraphs

Bombay High Court (Officer on Special Duty, Testamentary Department), 30th January 2026 — Testamentary Petition 45.TP/4746/2025. Three daughters of the deceased Gulab Wd/o Sabhapati Dubey (who died as a widow on 28-03-2023 at Mumbai) applied under the Indian Succession Act, 1925 for Letters of Administration to the properties shown in Schedule I of the petition. Citation was issued and affixed per Rule 397(1) and (4) and Rule 396 of the Bombay High Court (O.S.) Rules, 1980; nobody contested and no pending litigation was noticed, so the petition was treated as uncontested. Relying on the Order in TP No. 2918/2023, all legal heirs being petitioners, they were exempted from furnishing the surety bond. Facts sworn on oath remaining unchallenged, the petition was allowed and Letters of Administration granted effective throughout India, subject to filing of the account undertaken in the Petitioner's Oath and pre-grant office verification that no cross-petition or caveat exists.

1 45.TP/4746/2025

Before: Shri. P. A. Jagdale, Officer on Special Duty, With the Testamentary Department Date 30th January 2026

FOR COMPLIANCE:

TP/4746/2025 ) Shri. Avadhut Patil a/w Ms. Aditi Nikare Ld. ) (AMH20240127701C2025000 Advocate for the Petitioner ) 04)

P.C.:

Petitioners, namely 1. Neetu Dnyanesh Diwan d/o Gulab Sabhapati Dubey 2. Anju S. Mishra d/o Gulab Sabhapati Dubey & 3. Pooja Vishal Mishra d/o Gulab Sabhapati Dubey, have applied for the grant of Letters of Administration, under the provisions of the Indian Succession Act, 1925 (for short “IS Act”), for the properties left by the deceased, namely Gulab Wd/o. Sabhapati Dubey(For short “Said deceased”).

I have heard Ld. Advocate. I perused the documents, such as a true copy of the death certificate of the deceased, an identity proof of the deceased, an oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 28-03-2023 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 4 of the petition. Petitioners states that there are no other legal heirs to the deceased, except heirs shown in the petition. The deceased left properties shown in Schedule I of the petition.

Office issued Citation to all concern and same has been affixed on the Notice Board of the Hon’ble High Court and notice board of the Collector’s Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980(for short “BHC Rules”). An affidavit to that effect has been filed. Notice to the collector has been issued vide Rule 396 of the BHC Rules. Till today, no one has appeared to resist the claim of the petitioner, nor has anything been brought to the notice regarding pending litigation about the same properties. Hence, the petition is treated as an uncontested one.

In view of the Order, passed in the TP No. 2918/2023, all the legal heirs of the deceased are petitioners, and therefore, they are exempted from furnishing the surety Bond.

Ld. Advocate for the petitioners submitted that in view of provisions of the

2 45.TP/4746/2025

Hindu Succession Act, 1956, the petitioners, being Daughters of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by the petitioners, on oath, remained unchallenged and required to be accepted. Accordingly, the petition deserves to be allowed, as prayed for. Hence, following order:

ORDER

1. Petition is allowed and the Letters of Administration be granted to the petitioners for properties, left by the deceased and shown in the schedule, in the prescribed format, having effect throughout the India as per the provisions of the Indian Succession Act, 1925.

1. The petitioners to file an account as undertaken in a Petitioner’s Oath within the stipulated period.

1. Before issuance of the grant, the office to verify that there is no cross-petition pending or caveat resisting the petition is filed.

Officer on Special Duty,

30th January 2026 Officer on Special Duty, with the Testamentary Department