The High Court, in testamentary proceedings, granted ex-post facto permission for the sale of the subject property upon perusing affidavits explaining the necessity due to the petitioner's medical emergency and debt repayment needs.
Ex-post facto permission for sale of subject property granted.
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.
16-JOT-122-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
JUDGE’S ORDER NO. 122 OF 2024 IN
TESTAMENTARY PETITION NO. 236 OF 2013
Anil Vithoba Medhekar ...Petitioner vs. Subhadra Vithoba Medhekar ...Deceased
Mr. Yatin Malvankar with Mr. Dinesh Wani i/by Tripathi Associates for Petitioner.
ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.10.2218:35:45 +0530
CORAM : N. J. JAMADAR, J. DATE : 9th OCTOBER 2024
P.C.:
circumstances in which the petitioner was constrained to execute the instrument dated 2nd March 2023 in favour of Mrs.Kanta Rajaram Jadhav and Mr. Rakesh Rajaram Jadhav. It is, inter alia, asserted that as the petitioner had suffered a brain stoke and was in emergent need of money to repay the debt incurred for the treatment, instrument was
executed. Part consideration i.e. Rs.15 lakhs is yet to be received.
last affidavit dated 2nd October 2024, I am inclined to grant ex-post
...1
16-JOT-122-2024.doc
facto permission for sale of the subject property.
(N. J. JAMADAR, J.)
D. A. Ethape, P.A.
...2
1 issue framed by the court
Whether ex-post facto permission should be granted for the sale of the subject property under the probate proceedings?
Anil Vithoba Medhekar
Subhadra Vithoba Medhekar
N. J. Jamadar
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
