The petition was for revocation of a grant of administration. The petitioner claimed ownership of the immovable property, arguing the deceased was not the owner. The court dismissed the motion and petition as withdrawn.
Motion and petition dismissed as withdrawn with liberty to file civil suit.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
T & I. J.
NOTICE OF MOTION NO.15 OF 2005
IN
MISC. PETITION NO.14 OF 2005
IN
PETITION NO.765 OF 2000
1.Miss Shashikala D.Bhoir and Ors. .. Petitioners
Vs.
1.Shri Subodh Kashiram rure and Ors... Respondents
Mrs.Leena R.Temkar for the petitioners
None for the respondents
CORAM : S.U.KAMDAR, J
DATED : 12TH AUGUST, 2005
P.C.:
. The only ground on which the present
petition is filed for revocation of grant is that
in respect of immovable property petitioners are
claiming to be owners and landlords thereof. It is
their contention that the deceased was not the
owner of the property. However, it is well settled
that testamentary jurisdiction does not determine
the title in the immovable property.Merely grant of
letter of administration would not create any right
title or interest in favour of the respondent in
respect of the said property nor any entry is made
in the revenue record. In view thereof, the
learned counsel for the petitioner seeks leave to
withdraw the motion as well as petition with
liberty to file Civil Suit for establishing his
right if any in the said property. Both motion as
well as petition dismissed as withdrawn with
aforesaid property.
1 issue framed by the court
Whether the High Court can revoke a grant of administration when the petitioner claims ownership of the property.
Miss Shashikala D.Bhoir and Ors.
Shri Subodh Kashiram rure and Ors
S.U.KAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court