The High Court allowed a Chamber Summons to condone significant delay and permitted the substitution of an applicant as the petitioner in a Testamentary Petition after the original petitioner died intestate.
The Chamber Summons seeking condonation of delay of 2876 days and substitution of the applicant as the petitioner was allowed.
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.
Digitally signed by MUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2023.02.15 17:23:10 +0530
1 5-CST 41-19 in TP 5-89.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.41 OF 2019
IN
TESTAMENTARY PETITION NO.5 OF 1989
Bhogilal Hargovinddas Patel … Deceased Pranlal Bhogilal … Petitioner And Chamundeshwari Bhogilal-Chinai … Applicant
Mr. U. J. Makhija, Counsel with Mr. Shankar V. Mhatre h/f Ms. Kusum Poojary for the Applicant.
CORAM : ARIF S. DOCTOR, J. DATE : 13TH FEBRUARY 2023
P.C. :
Mugdha
1 of 3
2 5-CST 41-19 in TP 5-89.doc
according to the provisions of the Hindu Succession Act, 1956. Thus, today, the Applicant is the only legal heir of the deceased.
Mugdha
2 of 3
3 5-CST 41-19 in TP 5-89.doc
(ARIF S. DOCTOR, J.)
Mugdha
3 of 3
1 issue framed by the court
Whether there is an impediment in condoning a delay of 2876 days for the substitution of the sole legal heir in a Testamentary Petition.
Chamundeshwari Bhogilal-Chinai
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
