Probate petition by an executor was opposed by caveat filed by the co-operative housing society in whose building the bequeathed flat lies. The court held that since the society cannot claim to be a legal heir, it has no caveatable interest.
Caveat dismissed
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bipin prithiani
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909-ia-5379.22.doc
BIPIN DHARMENDER PRITHIANI
Digitally signed by BIPINDHARMENDER PRITHIANI Date: 2024.03.28 11:05:26 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 5379 OF 2022
IN CAVEAT (L) NO. 12474 OF 2022 IN
TESTAMENTARY PETITION NO. 451 OF 2018
… Mehernosh Pirojshah Fitter Applicant In the matter between : Mehernosh Pirojshah Fitter … Petitioner Versus Rajgir Court CHS Ltd. … Caveator Havovi Minoo Dumasia … Deceased
Mr. Tejas Vora i/by Manoj Nair for the Applicant/Petitioner. Adv. Jaymala Ostwal a/w Komal M. Gosavi and Purnima Rao i/by M/s. J. J. Associates for Caveator.
CORAM: MANISH PITALE, J. DATE : 27th MARCH 2024
P.C. :
. Heard learned counsel for the parties.
bipin prithiani
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909-ia-5379.22.doc
bipin prithiani
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909-ia-5379.22.doc
to the controversy sought to be raked up by the caveator as there can be no caveatable interest of the co-operative housing society in respect of the present probate petition. It is a different matter that a person who claims to be a legal heir of the deceased may resist the prayer made in the probate petition. It is brought to the notice of this Court that one of the legal heirs has already obtained letters of administration in respect of the estate of the deceased. The petitioner herein disputes the claim of such a legal heir, as regards his claim and this Court is informed that a revocation petition is also filed by the petitioner in the context of the said grant of letters of administration bearing Miscellaneous Petition No. 176 of 2023. The said petition will take its own course. But, in any case, the co-operative housing society cannot have a caveatable interest in the facts and circumstances of the present case.
MANISH PITALE, J.
1 issue framed by the court
Does a co-operative housing society, which is not a legal heir of the deceased, have a caveatable interest to oppose the probate petition?
Colour shows how this judgement treated each authority
Krishna Kumar Birla v/s. Rajendra Singh Lodha & Ors.Relied on
(2008) 4 SCC 300 · Who else cites this
Mehernosh Pirojshah Fitter
Rajgir Court CHS Ltd.
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
