Allowed

Vandana Ashok Tharwani v. Kavita L Bhagchandani

Bombay HC7 Apr 2016MPT/146/2015

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What is this about?

The court restored a testamentary petition to the file as a suit after the petitioner, widow of an original caveator, filed a caveat belatedly due to his death. The respondent was restrained from acting on an interim grant of letters of administration pending the petitioner's compliance by a set date.

What did the court decide?

Restored Testamentary Petition No. 1204 of 2012 to file as a suit; restrained respondent from acting on interim grant; directed petitioner to file caveat and affidavit by 29.04.2016.

1.There is an Affidavit filed today on behalf of the Petitioner. She is the widow of one of the original Caveators, Ashok K. Tharwani. The most material part of this Affidavit filed today is that Ashok K. Tharwani, the original Caveator died on 1st July 2014 at about 8.30 a.m. Yet, there is on record an Affidavit of Service from the office of the Sheriff to which is annexed a Registered Post A.D. card purporting to show service of a second citation on Ashok on that very day, i.e., 1st July 2014. I do not see how this can possibly be.

2.I do not propose to spend time and resources investigating this question of service. No useful purpose will be served. The fact remains that Ashok K. Tharwani filed a Caveat for himself and for his two sisters. He said he had Powers of Attorney from his sisters. He was asked by the Registry to produce those Powers of Attorney. He did not. The department, therefore, dismissed his Caveat in its entirety, thereby unsuiting not only her sisters but Ashok Tharwani himself, even though his Caveat was clearly competent for himself.

3.The result is that the opposition to the Letters of Administration went without contest. I do not think a party should in circumstances like this be denied a reasonable opportunity of putting forward his or her case or be sent out of Court without being given a fair chance of being heard. Ashok Tharwani was denied that opportunity. So were his heirs. Therefore this Petition.

4.Accordingly, the present Miscellaneous Petition is made absolute in terms of prayer clause (a). The Testamentary Petition No. 1204 of 2012 is restored to file. The revocation Petitioner waives service of the Testamentary Petition and of a citation therein. The revocation Petitioner, i.e., Vandana Ashok Tharwani agrees and undertakes to file her Caveavt and Affidavit in Support of it on or before 29th April 2016. However, there will be no extension of time available to Vandana Ashok Tharwani. If she does not file a Caveat and Affidavit in Support of it by that date, the present Miscellaneous Petition No. 146 of 2015 shall stand dismissed and the Letters of Administration with Will Annexed which were granted in Testamentary Petition No. 1204 of 2012 shall stand confirmed. Upon Vandana Ashok Tharwani filing her

5.It goes without saying that since by that at least till such time as Vandana Ashok Tharwani complies with these directions, there is no operative grant of Letters of Administration and the Respondent is not to act on this grant.

Vandana Ashok Tharwani v. Kavita L Bhagchandani

Case brief

What is this about?

What did the court decide?

Vandana Ashok Tharwani v. Kavita L Bhagchandani

Case brief

What is this about?

What did the court decide?

What the court decided

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