Created by Fuzzy Cloud

Bombay High Court

ROHIT UDAY BHAGWATversusUrmila Laxman Thatte

Decided
Disposal
DISPOSED OFF

Holding

The interim application is allowed, dispensing with the surety requirement and directing the issuance of letters of administration with the will annexed, subject to the applicant’s undertaking.

Summary

The applicant, Rohit Uday Bhagwat, filed an interim application seeking the court’s dispensation from providing a surety for two non‑consenting legatees, Rekha and Rahul Limaye, and directing the issuance of letters of administration with the will annexed. The petition for letters of administration had originally been opposed by Rekha, who filed a caveat that was later dismissed, and the applicant argued that the petition was effectively unopposed. The Testamentary Department had ordered the applicant to justify the surety for the non‑consenting legatees under Rule 422 of the Bombay High Court (OS) Rules, 1980. The applicant undertook not to alienate the legatees’ share and to furnish the required bond and indemnity. The court held that the applicant’s undertaking satisfied the requirements and allowed the interim application, dispensing with the surety and directing the grant of letters of administration, subject to the applicant furnishing the undertaking in the prescribed format.

Issues considered

  • Whether the court may dispense with the requirement of a surety for non‑consenting/unpaid legatees under Rule 422 of the Bombay High Court (OS) Rules, 1980.
  • Whether the grant of letters of administration with the will annexed can be made in favour of the applicant despite the lack of consent from the legatees.
  • Whether the applicant’s undertaking to protect the interests of the non‑consenting legatees suffices to satisfy the statutory requirements.

Subjects

  • letters of administration
  • will annexed
  • surety
  • non‑consenting legatee
  • interim application
  • Bombay High Court Rules
  • probate

Judgment

2026:BHC-OS:20122

                                                        1/4                  902 IA-4555-2026.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               TESTAMENTARY AND INTESTATE JURISDICTION


                                       INTERIM APPLICATION NO. 4555 OF 2026
                                                         IN
                                       TESTAMENTARY PETITION NO. 585 OF 2014


             Rohit Uday Bhagwat                                        … Applicant
                             Vs.
             Urmila Laxman Thatte                                      … Respondent
                                                     _______
             Ms. Seema Hunnurkar i/b Ms. Anjali Purav for Petitioner.
                                                     _______
                                            CORAM        :      ARIF S. DOCTOR, J.
                                            DATE         :      9th SEPTEMBER, 2026.
             P.C.


             1.       By this Interim Application, the Applicant seeks the following substantial


             reliefs :


                          “a) that this Hon’ble Court be pleased to dispense with the
                          justifying surety of non-consenting/unpaid legatees viz. 1)
                          Rekha Ramchandra Limaye and 2) Rahul Ramchandra
                          Limaye, in view of the undertaking given by the Applicant
                          (Orig. Petitioner) in Para No. 10 to 12 of present Interim
                          Application.


                                   b) Direct the department to issue Grant of Letters of
                                   Administration with the Will annexed of the
                                   deceased in favour of the Applicant.”


             2.       Heard Ms. Hunnurkar, learned counsel for the Applicant.



             Sairaj
                                         2/4                  902 IA-4555-2026.DOC


3.       Learned counsel for the Applicant has pointed out that the captioned


Testamentary Petition has been filed for Letters of Administration along with last


Will and testament of one Urmila Laxman Thatte (deceased).


4.       Ms. Hunnurkar has submitted that the Petition was originally opposed by


one Rekha Ramchandra Limaye (daughter/step-daughter). Ms. Hunnurkar has


pointed out that though caveat was filed initially by Rekha to oppose the grant in


favour of the Petitioner, the said caveat was dismissed.


5.       Learned counsel for the Applicant submitted that the application filed to


set aside the order of dismissal was rejected. She therefore, submits that the said


Testamentary Petition was unopposed since none of the legal heirs of the


deceased had filed any caveat to oppose the same.


6.       Ms. Hunnurkar then submitted that the grant is not being issued in view of


the fact that the said Rekha Ramchandra Limaye and Rahul Ramchandra Limaye


have not come forward to consent to the said grant.


7.       Learned counsel for the Applicant has invited my attention to the order


passed by the Officer on Special Duty of Testamentary Department which is


dated 23rd February, 2026, the same records as follows :




Sairaj
                                              3/4                           902 IA-4555-2026.DOC


                    “1.         Petitioner    to     correct       the      dates     in
                    administration bond and re-upload the same.
                    Furthermore, corrections must be initialed by the
                    petitioner, surety and notary.

                    2.          Petitioner    to     give    the     list     of     the
                    legatees/beneficiaries, who is/are entitled for the
                    legacy under the Will. The petitioner to take steps to
                    justify the surety to Administration Bond, in respect
                    of the share of non-consenting legatee -Rekha
                    under the Will of the deceased, vide Rule 422 of the
                    Bombay High Court (OS) Rules, 1980. Hence, the
                    petition is adjourned for the steps.

                    3.          S. O. to 11.03.2026.”

8.       It is pursuant to this order that the Applicant has filed the present Interim


Application setting out the manner in which the Applicant will justify/keep


secure the interest of said Rekha and Rahul in the property in the credits of


deceased. This is to be found in paragraph nos. 10 and 12 of the present Interim


Application. For the ease of reference, the said paragraphs are set out below:


                    “10. I say that the grant of Letters of Administration
                    with Will annexed in my favour will neither
                    prejudice the interests of the non-consenting
                    legatees nor defeat any other line of succession.


                    12. I further say and undertake that I shall not sell,
                    transfer,    alienate.    encumber,        or        part       with
                    possession     of   the        movable     and       immovable
                    properties bequeathed to Rekha Ramchandra


Sairaj
                                          4/4                     902 IA-4555-2026.DOC


                    Limaye and Rahul Ramchandra Limaye, forming
                    part of the estate of the deceased, in order to secure
                    and protect the interests of the said unpaid legatees,
                    namely Rekha Ramchandra Limaye and Rahul
                    Ramchandra Limaye. I further undertake to file and
                    furnish compliance of the same before this Hon'ble
                    Court.12. I further undertake to execute the
                    necessary    bond    and    furnish   the     necessary
                    indemnity to the satisfaction of the Testamentary
                    Registrar in respect of legacy of Rekha Ramchandra
                    Limaye and Rahul Ramchandra Limaye.”


9.       Having due regard to the above and in my view, the Applicant is justified


in praying for the dispensation as sought for.


10.      Accordingly, the Interim Application is allowed in terms of prayer clauses


(a) and (b).


11.      It is clarified that the Applicant shall first furnish an undertaking in the


appropriate format before this Order is given effect to the officer of the


Prothonotary and Senior Master or such other officer of this Court who is so


authorized.


12.      Interim Application is allowed in the aforesaid terms.




                                                                  (ARIF S. DOCTOR, J.)




Sairaj


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.