The Single Judge of the Testamentary and Intestate Jurisdiction dismissed a Notice of Motion seeking dismissal of a testamentary petition for lack of capacity, holding that such issues are squarely framed in probate proceedings.
The Notice of Motion is dismissed.
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21-NMT51-13.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 51 OF 2013
IN
TESTAMENTARY SUIT NO. 82 OF 2014
IN
TESTAMENTARY PETITION NO. 254 OF 2013
Osborne Cecil Lamond...Plaintiff
Versus
Rusi Burjorji Master & Another…Defendants
Mr. Prashant Tikare, i/b Ms. Zenobia Irani, for the
Applicant/Defendants.
Ms. Sejal Shah, i/b Mr. Sandeep Manubarwala, for the Plaintiff.
CORAM: G.S. PATEL, J DATED: 29th August 2016
PC:-
1.The Notice of Motion is misconceived. It seeks dismissal of
the Petition on the ground that the Testatrix lacked the necessary
testamentary capacity. That is an issue that is squarely raised and
framed in the probate proceedings. No Notice of Motion is required
for this purpose.
2. The Notice of Motion is dismissed.
(G. S. PATEL, J.)
Page 1 of 1
29th August 2016
1 issue framed by the court
Whether a Notice of Motion is the correct procedural mechanism to seek dismissal of a testamentary petition on the ground of lack of testamentary capacity.
Osborne Cecil Lamond
Rusi Burjorji Master
G.S. PATEL, J
As recorded by the court registry
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