The Bombay High Court in testamentary jurisdiction rejected the State Government's application to inspect a Will that is currently disputed in pending testamentary petitions, ruling that forgery issues must be decided by this Court.
The application to take inspection of the Will was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
923-CST76-18.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 76 OF 2018
IN
TESTAMENTARY PETITION NO. 293 OF 2010
State of Maharashtra through the Investigation …Applicant
Officer, Bandra Police Station, Bandra (West),
Mumbai
In the matter between
Hoshang M Baria & Anr...Petitioners
Furrokh B Dhondi…Deceased
WITH
TESTAMENTARY SUIT NO. 113 OF 2010
IN
TESTAMENTARY PETITION NO. 293 OF 2010
WITH
TESTAMENTARY SUIT NO. 13 OF 2011
IN
TESTAMENTARY PETITION NO. 879 OF 2010
Mr US Upadhyay, AGP, for Applicant.
Mrs Anjali Purav, for the Petitioner in Testamentary Suit No. 113 of
2010 & Defendant in Testamentary Suit No. 13 of 2011.
Mr Tejas Vora, with Mr DR Mishra, for Petitioner in Testamentary
Suit No. 13 of 2011 and Defendant in Testamentary Suit No. 113
of 2010.
Page 1 of 2
13th July 2018
923-CST76-18.DOC
Mr Vijay B Belge , PI, Bandra Police Station, Mumbai, present.
CORAM: G.S. PATEL, J DATED: 13th July 2018
PC:-
1. The application is by the State Government to take
inspection of the Will in connection with a pending criminal
complaint inter alia in respect of forgery amongst other sections
under the Indian Penal Code. That very Will is in dispute in this
Testamentary Petition. Whether or not it is a forgery and whether or
not it is genuine is a matter for this Court in its Testamentary
Jurisdiction to decide. I will not permit a situation where because
some parallel complaint has been filed (and in this case by some
third party) the entire integrity of the trial and evidence before this
Court is compromised.
2. The present Application is therefore rejected.
(G. S. PATEL, J)
Page 2 of 2
13th July 2018
1 issue framed by the court
Whether the High Court can permit state officials to inspect a contested Will pending in criminal proceedings regarding forgery.
State of Maharashtra through the Investigation Officer, Bandra Police Station, Bandra (West), Mumbai
Hoshang M Baria & Anr
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court