Probate petition where the sole surviving caveator, brother of the petitioner, died leaving no one to pursue the caveat. The court directed the suit to be reconverted into the testamentary petition and ordered the department to proceed expeditiously with issuance of the grant.
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.
bipin prithiani
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904-ts-83.10.doc
BIPIN DHARMENDERPRITHIANI Digitally signed by BIPINDHARMENDER PRITHIANIDate: 2024.04.17 11:06:34 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY SUIT NO. 83 OF 2010
IN
TESTAMENTARY PETITION NO. 144 OF 2010
Vijay Chamanlal Rawal
… Plaintiff/
Petitioner
Versus Deepak Chamanlal Rawal & Anr. … Defendants
Raj Rani Rawal alias Raj Rani Chamanlal Rawal
… Deceased
WITH CHAMBER SUMMONS (L) NO. 234 OF 2019 IN
TESTAMENTARY SUIT NO. 83 OF 2010
Mr. Malcolm Siganporia a/w Mr. Ativ Patel and Ammar Faizullabhoy i/by AVP Partners for Plaintiff.
CORAM: MANISH PITALE, J. DATE : 16th APRIL 2024
P.C. :
. In this petition, filed for grant of probate of a Will said to have been executed by the deceased, initially two caveats were filed. The caveat of caveatrix Jyoti Vijay Bhasin was dismissed by an order of this Court. As a consequence, only one caveat survives, which was filed by Deepak Chamanlal Rawal, who was the brother of the petitioner.
bipin prithiani
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904-ts-83.10.doc
certificate is tendered along with the praecipe dated 8th April 2024. It is stated that the said caveator Deepak Chamanlal Rawal died a bachelor and therefore, there is no person to pursue the said caveat any longer.
MANISH PITALE, J.
1 issue framed by the court
Should the testamentary suit be reconverted into the testamentary petition for probate after the sole surviving caveator's death?
Vijay Chamanlal Rawal
Deepak Chamanlal Rawal
Raj Rani Rawal alias Raj Rani Chamanlal Rawal
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
