Deepak Ramanlal Shah and Anr. v. Sunil Kantilal Shah and Ors.
Case brief
What is this about?
Probate petition challenge to an order allowing third parties' impleadment application in probate proceedings over a testator's self-acquired properties. Court held probate proceedings do not decide title and third parties must file an independent suit for coparcenary claims. Issued notice, directed replies, and stayed the impugned order.
What did the court decide?
Notice issued to respondents; impugned order dated 16.10.2023 expressly stayed; matter posted to 05.02.2024.
What the court decided
31.wp.8.24.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8 OF 2024
Deepak Ramanlal Shah and Anr. .. Petitioners Versus Sunil Kantilal Shah and Ors. .. Respondents
- Mr. Swaroop M. Karade, Advocate for Petitioners.
CORAM : MILIND N. JADHAV, J. DATE : JANUARY 08, 2024.
P.C.:
1. Heard Mr. Karade, learned Advocate for Petitioners.
2. This Writ Petition takes exception to the impugned order dated 16.10.2023 passed below Exhibit “35” in Probate Petition No.14 of 2022. This Application below Exhibit “35” was filed by four third parties who admittedly have no nexus with the properties which are the subject matter of the Will of the deceased.
3. Admittedly, the properties under the Will are self acquired properties of the deceased Ramanlal Deochand Shaha and his legal heirs would be entitled to the said properties under the Will. The legal heirs of the deceased sought a probate. The four third parties who have filed the impleadment Application contending that the self acquired properties of the deceased Ramanlal Deochand Shaha are
Issues for consideration
1 issue framed by the court
Whether the impugned impleadment order dated 16.10.2023 in Probate Petition No.14 of 2022 should be stayed pending hearing of the writ petition.
Parties & counsel
- petitioner
Deepak Ramanlal Shah
- respondent
Sunil Kantilal Shah
Coram
Milind N. Jadhav
Case details
As recorded by the court registry
All orders in this case
11 orders share this CNR
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