Manish Navinchandra Shah vs Chanchalben Ratilal Shah (Deceased No. 1) — Bombay HC (2025) — LawSathi Research

Manish Navinchandra Shah vs Chanchalben Ratilal Shah (Deceased No. 1) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Revocation Petition allowed and granted in the above terms, i.e., in terms of prayer clauses (a) to (d), with the original Grant and Abott India Limited share certificate (Register Folio No.C001416, certificate No.0009866) to be deposited with the learned Registrar of the Testamentary Department.

Issue for consideration

Whether the Grant issued in favour of the Respondent should be revoked as sought in the Petition.

Court's answer

The revocation Petition stands allowed in terms of prayer clauses (a) to (d), subject to a clarification regarding the original Grant and share certificate.

Ratio / Principle

The original Grant and original share certificate are directed to be handed over to the learned Registrar of the Testamentary Department by the Court Associate.

Key takeaways

The Respondent, in whose favour the Grant has been issued, brought the original Grant to Court with instructions to agree to the Petition.obiter¶13
Insofar as prayer clauses (b) and (c), Respondent's advocate handed over the original Grant and the original share certificate of Abott India Limited bearing Register Folio No.C001416 and share certificate No.0009866.obiter¶19
In respect of Testamentary Petition No.680 of 2023 (already allowed on 12.12.2023), a copy of that order shall be handed over to the Respondent's Advocate, who will take appropriate instructions to take further steps therein in accordance with law.

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Milind N. Jadhav, J., by order dated 20.09.2025 allowed Miscellaneous Petition No.515 of 2024 in Testamentary Petition No.1897 of 2022, a Petition for revocation of the Grant issued in favour of the Respondent. At the outset the Respondent, the grantee, consented to the Petition and brought the original Grant to Court. The Petition stood allowed in terms of prayer clauses (a) to (d). In respect of prayer clauses (b) and (c), the Respondent's advocate handed over the original Grant and the original share certificate of Abott India Limited bearing Register Folio No.C001416 and share certificate No.0009866, which were directed to be handed over to the learned Registrar of the Testamentary Department by the Court Associate. The Court noted that the Petitioner's Testamentary Petition No.680 of 2023, concerning the property and credits of deceased No.2, had been allowed by order dated 12.12.2023, and directed that a copy of that order be handed over to the Respondent's Advocate so that he may take appropriate instructions and further steps in accordance with law. All contentions of the parties were expressly kept open. No statute or precedent was cited.

4.MPT.515.2024.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO.515 OF 2024 IN TESTAMENTARY PETITION NO.1897 OF 2022

Chanchalben Ratilal Shah

Navinchandra Ratilal Shah .. Deceased Manish Ratilal Shah .. Petitioner Versus Uttam Ratilal Shah .. Respondent

Mr. Prabhu Velar a/w. Ms. Bhakti Patil, Advocates for Petitioner.

Mr. Ansh Karnawat a/w. Ms. Shaymli Hajela, Advocates M/s. H and M Legal Associates for Respondent.

CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 20, 2025

P.C.:

1. Heard Mr. Velar, learned Advocate for Petitioner and Mr.

Karnawat, learned Advocate for Respondent.

2. Petition is filed for revocation. At the outset, the Petition can be heard. Learned Advocate for Respondent Mr. Karnawat in whose favour the Grant has been issued has brought the copy of original Grant in the Court itself with instructions to agree to the Petition.

3. In that view of the matter, Petition stands allowed in terms

of prayer clauses (a) to (d) subject to following clarification.

4. In so far as prayer clauses (b) and (c) are concerned, the Mr.

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4.MPT.515.2024.doc

Karnawat has handed over the original copy of the Grant and original share certificate of Abott India Limited bearing Register Folio No.C001416 and share certificate No.0009866. The same is directed to be handed over to the learned Registrar of the Testamentary Department by the Court Associate.

5. In so far as prayer clause (d) is concerned, Mr. Velar’s informs the Court that Testamentary Petition No.680 of 2023 filed by present Petitioner in respect of property and credits of the deceased No.2 has been allowed by the Court by order dated 12.12.2023.

6. He persuades the Court to permit the said Petition to be proceeded further. If that be the case, copy of the order shall be handed over to Advocate for Respondent before me so that he will take appropriate instructions to take further steps therein in accordance with law. This is primarily because it is Mr. Velar’s contention that the present Petitioner is the only legal heir of the deceased to the exclusion of Respondent.

7. All contention of parties are otherwise expressly kept open.

8. With the above directions, revocation Petition stands allowed

and granted in the above terms.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date: 2025.09.22 10:49:01 +0530

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