Shailesh Baboolal Tiwari vs Babulal Gopal TIwari Alias Baboolal Tiwari Alias B G Tiwari (Deceased) — Bombay HC (2026) — LawSathi Research

Shailesh Baboolal Tiwari vs Babulal Gopal TIwari Alias Baboolal Tiwari Alias B G Tiwari (Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application (L) No. 1810 of 2026 allowed in terms of prayer clauses (a) and (b) and disposed of: administration bond accepted as adequate surety, dispensation with justifying the surety of other legal heirs, and consents of consenting legal heirs accepted for issuance of grant. Petition No. 5648 of 2024 allowed: Letters of Administration granted to the Petitioner (wife of the deceased) having effect throughout the State of Maharashtra; issuance of proclamation dispensed with; grant to be issued on acceptance of the administration bond within two weeks; Petition disposed.

Issue for consideration

Whether the Interim Application (L) No. 1810 of 2026 should be allowed in terms of prayer clauses (a) and (b) — acceptance of the administration bond as adequate surety, dispensation with justifying the surety of other legal heirs, and acceptance of the consents of consenting legal heirs for issuance of the grant. +1 more

Court's answer

The Interim Application is allowed, the Court being satisfied that the Petitioner is the wife of the deceased and that the consents of the consenting legal heirs were filed previously, before the amendment was carried out.

Ratio / Principle

The administration bond filed by the Applicant / Petitioner is to be accepted by the Department as adequate surety, which amounts to dispensation with justifying the surety of the other legal heirs.

Key takeaways

The consents of the consenting legal heirs are directed to be accepted for issuance of the grant.ratio¶5
The Petition stands allowed in terms of the relief prayed for; Letters of Administration are granted to the Petitioner having effect throughout the State of Maharashtra.ratio¶8
Issuance of proclamation is dispensed with.ratio

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (MILIND N. JADHAV, J., 23 January 2026) — Interim Application (L) No. 1810 of 2026 in Petition No. 5648 of 2024. The Petitioner, Nidhi Shailesh Tiwari, widow/wife of the deceased Babulal Gopal Tiwari, sought Letters of Administration. On mention by praecipe dated 22.01.2026, the Court allowed the Interim Application in terms of prayer clauses (a) and (b), holding that the Petitioner is the wife of the deceased and that the consents of the consenting legal heirs had been filed before the amendment of the Petition: the administration bond was accepted as adequate surety, dispensing with justification of surety by the other legal heirs, and the consents of the consenting legal heirs were directed to be accepted for issuance of the grant. The Petition was then taken up and allowed in terms of the relief prayed: Letters of Administration granted to the Petitioner having effect throughout the State of Maharashtra, issuance of proclamation dispensed with, and the grant to be issued on acceptance of the administration bond within two weeks.

P8.IAL-1810-26 TP 5648-2024.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION (L) NO. 1810 OF 2026 WITH

PETITION NO. 5648 OF 2024

Babulal Gopal Tiwari alias Baboolal Tiwari alias B.G. Tiwari .. Deceased

Nidhi Shailesh Tiwari

Applicant

.. (Org. Petitioner)

Mr. D.R. Mishra, Advocate for Applicant / Org. Petitioner

CORAM : MILIND N. JADHAV, J. DATE : JANUARY 23, 2026

P. C.:

1. Not on board. Mentioned by way of filing a praecipe dated 22.01.2026.

Heard Mr. Mishra, learned Advocate for Applicant / Org. Petitioner.

INTERIM APPLICATION (L) NO. 1810 OF 2026:-

In the facts and circumstances of the present case which are enumerated in paragraph Nos. 1 to 9, I am inclined to allow the Interim Application in view of the fact that Petitioner being the wife of deceased and consents of consenting legal heirs having been filed previously before the amendment was carried out.

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P8.IAL-1810-26 TP 5648-2024.odt

Interim Application is allowed in terms of prayer clauses (a) and

(b).

Administration bond filed by the Applicant / Petitioner shall be accepted by the Department as adequate surety and it shall amount to dispensation with justifying the surety of other legal heirs. Consents of consenting legal heirs is directed to be accepted for issuance of grant.

Interim Application is allowed and disposed of in the above terms.

PETITION NO. 5648 OF 2024:-

In view of the above order passed in the Interim Application, Petition is taken up for hearing forthwith. Copy of the Petition is placed before me which is appended to the Interim Application from page No. 13 onwards.

8. Prima facie after perusing the amended Petition and the statements made in paragraph Nos. 2 to 7 and the fact that the legal heirs have already given their consents previously and that legal heirs are staying at different places in India, Petition stands allowed in terms of the relief prayed for in the Petition which reads thus:-

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P8.IAL-1810-26 TP 5648-2024.odt

"The Petitioner therefore prays that the Letters of Administration may be granted to the Petitioner having effect through out State of Maharashtra."

9. Issuance of proclamation is dispensed with.

10. Grant be issued on acceptance of administration bond within a

period of two weeks from today positively.

11. Petition is disposed.

Amberkar

[ MILIND N. JADHAV, J. ]

Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2026.01.23 15:18:11 +0530

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