Archive · 24 Sep 2026
Bombay High Court Limits DNA Tests in Inheritance Dispute
A man said he was the son of someone who had died.
He wanted DNA tests to help claim a share of the dead man's property.
A Nashik court had ordered the dead man's legal heirs to take the tests.
The Bombay High Court cancelled that order.
The High Court said DNA tests should not be ordered automatically.
People should first provide enough other evidence.
DNA testing may still be allowed in special cases when the facts are not clear.
The case involved a dispute over how the deceased man's property should be divided.
The Bombay High Court set aside a Nashik trial court order directing DNA tests.
The tests concerned the legal heirs of a deceased man in a property-partition suit.
The request was filed by the deceased man's alleged illegitimate son through his mother.
The court said DNA testing should not be routine or used for a fishing inquiry.
Justice Sandeep V Marne said testing may be allowed in exceptional cases lacking sufficient factual evidence.
- Who
- The Bombay High Court, Justice Sandeep V Marne, the deceased man's legal heirs, and his alleged illegitimate son.
- What
- The High Court set aside an order directing DNA tests in a property-partition suit.
- When
- The High Court issued its verdict on Tuesday, September 22; the challenged Nashik order was issued in September 2018.
- Where
- The case involved the Bombay High Court and a Nashik trial court.
- Why
- The High Court said DNA tests should be ordered only in exceptional and deserving cases, not routinely or for a fishing inquiry.
DNA Test Applicant
Legal Heirs
Whether DNA testing should proceed
DNA Test Applicant
The deceased man's alleged illegitimate son, acting through his mother, sought DNA testing of the deceased man's legal heirs in connection with a property claim.
Legal Heirs
The deceased man's legal heirs challenged the Nashik trial court's order directing the DNA examination.
Use of DNA evidence
DNA Test Applicant
The application sought forensic DNA testing to support the son’s position in the partition dispute.
Legal Heirs
The High Court held that DNA tests should not be used routinely or as a fishing inquiry before sufficient evidence is presented.
- Court
- Bombay High Court
- Judge
- Justice Sandeep V Marne
- Challenged order
- A September 2018 Nashik trial court order allowing DNA examination
- Case context
- A suit seeking partition of a deceased man's properties
- DNA applicants
- The deceased man's alleged illegitimate son, through his mother
- Court standard
- DNA tests may be conducted in exceptional and deserving cases with insufficient factual evidence