The Hon'ble Single Judge dismissed the caveat in a testamentary suit filed in connection with a probate petition, holding that title disputes require a separate civil suit and cannot be entertained via caveat, ordering the office to issue probate.
Caveat dismissed; Testamentary petition to proceed; Probate to be issued.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 94 OF 2010 IN TESTAMENTARY SUIT NO. 24 OF 2009 IN
TESTAMENTARY PETITION NO.43 OF 2009
Deepakchandra Rajaram Dhurat
...Executor/Petitioner
Vs.
Smt. Laxmibai Govin d Paradkar & Ors. ...Defendants/Caveators
None for Petitioner
Mr. Nandu Pawar, Advocate for Defendants/Caveators
CORAM : SMT. ROSHAN DALVI, J.
DATED : 9TH SEPTEMBER, 2010
P.C. :
(SMT. ROSHAN DALVI, J.)
2 issues framed by the court
Whether a caveat filed in connection with a testamentary suit challenging title to a bequeathed property is maintainable.
Whether an office for probate can proceed where the caveat is dismissed and the petitioner is the executor.
Deepakchandra Rajaram Dhurat
Laxmibai Govin d Paradkar
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
