Allowed¶29

Neetu Dnyanesh Diwan d/o Guiab Sabhapati Dubey v. Sabhapati S/o Kamlaprasad Dubey (Deceased)

Bombay HC7 Jan 2026TP/4840/2025

Case brief

AI extract

What is this about?

Testamentary Petition; Letters of Administration; Bombay High Court; Testamentary and Intestate Jurisdiction; Milind N. Jadhav, J.; praecipe mention; not on Board; reverification dispensed with; undertaking and indemnity bond in lieu of death certificate of mother; Department objections; only legal heirs; delay condonation; grant throughout State of Maharashtra; issuance of Grant within three weeks; January 2026; TP 4840 of 2025.

What did the court decide?

Delay in filing the Petition condoned (prayer clause (a)); Letters of Administration granted to the Petitioners having effect throughout the State of Maharashtra (prayer clause (b)), subject to compliance of office objections, if any; Department to issue the Grant within three weeks. ¶29

Neetu Dnyanesh Diwan d/o Guiab Sabhapati Dubey vs Sabhapati S/o Kamlaprasad Dubey (Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Letters of Administration should be issued to the Petitioners for the properties and credits of the deceased Sabhapati S/o. Kamlaprasad Dubey, notwithstanding the non-disclosure of the mother's predecease and the absence of her death certificate. +1 more

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Court's answer

The Department was directed not to raise objections regarding non-disclosure of the fact that the mother of the deceased had predeceased him; the Petitioners' Advocate was permitted to add that statement and reverification was expressly dispensed with.

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Ratio / Principle

An undertaking to be filed by the Petitioners, accepted by the Court along with an indemnity bond, would suffice in lieu of the death certificate of the deceased's mother.

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Key takeaways

The Department was directed not to insist on filing of the death certificate of the mother of the deceased.ratio¶24
The Petitioners are the only legal heirs of the deceased.ratio¶26
There being no impediment, the Testamentary Petition was allowed and disposed of in terms of prayer clauses (a) and (b), i.e., condonation of delay in filing and grant of Letters of Administration.ratio

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Milind N. Jadhav, J., allowed Testamentary Petition No.4840 of 2025 seeking Letters of Administration to the properties and credits of the deceased Sabhapati S/o. Kamlaprasad Dubey, holding the Petitioners to be his only legal heirs. On a mention via praecipe (matter not on Board), the Court directed the Department not to raise objections to the non-disclosure of the fact that the mother of the deceased had predeceased him, dispensed with reverification, and accepted that an undertaking supported by an indemnity bond would suffice in place of her death certificate, which the Department was directed not to insist upon. Delay in filing was condoned; the Letters of Administration were granted with effect throughout the State of Maharashtra, subject to compliance of office objections, and the Department was directed to issue the Grant within three weeks.

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P2.TP.4840.2025.doc

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HARSHADA H. SAWANT (P.A.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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TESTAMENTARY AND INTESTATE JURISDICTION

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TESTAMENTARY PETITION NO.4840 OF 2025

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Sabhapati S/o. Kamlaprasad Dubey

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.. Deceased

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Neetu Dnyanesh Diwan d/o Gulab Sabhapati Dubey and Ors.

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.. Petitioners

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Mr. Pradeep J. Thorat, Advocate i/by Ms. Aditi S. Naikare for Petitioners.

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CORAM : MILIND N. JADHAV, J. DATE : JANUARY 07, 2026

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P.C.:

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

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07.01.2026. Perused the praecipe.

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2. Heard Mr. Thorat, learned Advocate for Petitioners.

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3. Department shall not raise any objections regarding non-

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disclosure of the fact that mother of deceased having predeceased the deceased. Mr. Thorat undertakes to add the said statement. Reverification stands expressly dispensed with.

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4. Department shall allow Petitioners’ Advocate to make the

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said amendment and also accept the physical copy of the Petition with the said added statement.

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5. Mr. Thorat makes a statement on instructions that mother of

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deceased has predeceased the deceased some 10 -15 years ago and he

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1 of 3

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P2.TP.4840.2025.doc

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did not have copy Death Certificate. Necessary undertaking shall be filed by the Petitioners to that effect which shall be accepted by the Court alongwith an indemnity bond which should suffice. Department shall not insist on filing of the death certificate of the mother of the deceased.

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6. Present Testamentary Petition is filed by Petitioner for issuance of Letters of Administration in respect of the properties and credits of deceased Sabhapati S/o. Kamlaprasad Dubey. 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.9 of the Petition. I have perused the same.

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7. Petitioners are the only legal heirs of the deceased.

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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 prayer clauses (a) and (b) which read thus:-

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