Neetu Dnyanesh Diwan D/O Guiab Sabhapati Dubey v. Sabhapati S/O Kamlaprasad Dubey (Deceased)

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.4840 OF 2025 Sabhapati S/o. Kamlaprasad Dubey .. Deceased Neetu Dnyanesh Diwan d/o Gulab Sabhapati Dubey and Ors.

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

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

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

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 07, 2026 P.C.

:

1.

Not on Board. Mentioned by way of filing praecipe dated 07.01.2026. Perused the praecipe.

2.

Heard Mr. Thorat, learned Advocate for Petitioners. 3.

Department shall not raise any objections regarding nondisclosure of the fact that mother of deceased having predeceased the deceased. Mr. Thorat undertakes to add the said statement. Reverification stands expressly dispensed with. 4.

Department shall allow Petitioners' Advocate to make the said amendment and also accept the physical copy of the Petition with the said added statement.

5.

Mr. Thorat makes a statement on instructions that mother of deceased has predeceased the deceased some 10 -15 years ago and he

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.

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. 7.

Petitioners are the only legal heirs of the deceased. 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:- "a.

By an Order of this Hon'ble Court the delay caused in filing the present Petition be condoned.

b.

By an Order of this Hon'ble Court the Letters of Administration may be granted to them having effect throughout the 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 [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2026.01.07 17:53:19 +0530 HARSHADA HANUMANT SAWANT