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Bombay High CourtTP/3043/2024disposed off

Meghna Moreshwar Pethe v. Vishwanath Vyankatesh Pethe (Deceased)

2025-10-09Hon'Ble Shri Justice Milind N. Jadhav2 pages

P2.TP.3043.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO.3043 OF 2024 Vishwanath Vyankatesh Pethe .. Deceased Meghana Moreshwar Pethe and Ors.

.. Petitioners ....................

 Ms. Gauri Kishor Jadhav a/w. Ms. Akanksha Kailas Pawar, Advocates for Petitioners.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 09, 2025 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 09.10.2025. Perused the praecipe.

2.

Heard Ms. Jadhav learned Advocate for Petitioners. 3.

Application is filed for deletion of heir.

4.

Requisition order is passed on 23.08.2025 requiring Petitioners to take steps to rectify the position with respect to demise of Moreshwar brother of deceased. Objection Nos.1 and 2 have been complied with as informed by the learned Advocate. 5.

Objection No.3 is pressed before the Court. Grievance is made that Petitioner is 86 years old. She has given her consent. She is the Class - I legal heir of the deceased. She has given consent to her deceased brother's daughter and son as Petitioners which is appended.

P2.TP.3043.2024.doc 6.

In that view of the matter, once the consents of all the family members are given, I see no impediment as to why any further compliance is required in terms of Section 218 of the Indian Succession Act, 1925. Hence objection No.3 in order dated 23.08.2025 stands dispensed with.

7.

Department is directed to proceed with issuance of Grant in accordance with law to the Petitioners. Grant be issued to Petitioners within a period of three weeks on all due compliances of office objections, if any.

8.

Testamentary Petition is allowed and disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2025.10.09 18:16:21 +0530 HARSHADA HANUMANT SAWANT