Dismissed
Smt.Sundri M.Miarchandani v. Smt.Savita M. Malkani and Ors.
Bombay HCMPT/2/2003
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from the order text
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| IN | THE HIGH TESTAMENTARY |
COURT AND |
OF J INT |
UDICATURE AT ESTATE |
BOMBAY JURISDICTION |
|
|---|---|---|---|---|---|---|
| MISCELLANEOUS | PETIT IN |
ION | NO.2 OF |
2003 |
||
| PETITION | NO.553 | OF | 1997 | |||
| Smt Sund Smt Savit |
ri M. a M. |
Mirchandani v/s Malkani and ors. |
...Petitioner ...Respondents |
|||
| Mr | S.M | . Sakhalkar i/ |
b Mr |
S.S. | Wagh for |
Petitioner. |
| None | for | Respondents. | ||||
| CORAM DATE |
: : |
D.K. | 6TH | DESHMUKH JULY |
J. 2006. |
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P.C.
:-
| 1. | Thi | s is a petition taken out for re | voking the | |||
|---|---|---|---|---|---|---|
| probate | of the |
will granted |
by this Co |
urt. | The | |
| revocation | of | the | probate is sought |
on the gro |
und | that |
| the te |
stator wa |
s | not, according t |
o the petiti |
oner, | owner |
| of flat |
No.48, | Bhara | t Mahal, 86 |
Marine Drive, |
Mumbai | 400 |
| 002. | I do |
not | see any reason |
to revoke the |
probat | e for |
| this | reason | bec | ause the Court |
granting probate |
of | the |
| will | does n |
ot |
decide title to the |
property w |
hich | may |
| have | been m |
entione | d in the will. |
Despite | grant | of |
| probate | if, | ac | cording to the |
petitioner, the |
deceased | |
| was | not owner |
of |
the property at |
the time of |
her | death, |
| it is |
open |
to | the petitioner t |
o institute |
her | own |
proceedings to establish her title to the property.
Petition is disposed off.
. Parties to act on the copy of this order duly
authenticated by the Associate / Private Secretary as
true copy.
Certified copy expedited.
Smt Sundari M. Mirchandani
Malkani and ors
D.K. Deshmukh
As recorded by the court registry
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