Jasbir Singh Makin vs Ajay Rameshbhai Hora — Bombay HC (2025) — LawSathi Research

Jasbir Singh Makin vs Ajay Rameshbhai Hora — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions: Petitioner's counsel undertook to deposit the original copy of the Will, remove all office objections and pay the Court fee within six weeks (time not extendable); Department directed to aid and assist the Petitioner and, if compliance is completed before the next date, to proceed with issuance of the Grant strictly in accordance with law; matter listed on 21 November 2025 under the caption 'First on Board'.

Issue for consideration

Whether the Petitioner/Administrator pendente lite should be directed to complete the pending formalities (deposit of the original Will, removal of office objections and payment of Court fee) within a fixed period so that issuance of the Grant can proceed.

Court's answer

The Court recorded the Petitioner-side undertaking to deposit the original copy of the Will, remove all office objections and pay the Court fee within six weeks, and directed the Department to aid and assist the Petitioner in complying with those directions.

Ratio / Principle

The six-week period granted for compliance will not be extended for any reason, in view of the exigency mentioned by Mr. Shetye and Mr. Jain.

Key takeaways

Without prejudice to the rights and contentions of the parties, the Court observed that the three parties represented by Ms. Shah, Mr. Shetye and Mr. Jain are all beneficiaries.obiter¶16
If the compliance is undertaken before the next date, the Department shall proceed with issuance of the Grant strictly in accordance with law.ratio¶21
The matter is to be listed on Board on 21st November 2025 and placed under the caption 'First on Board'.

Detailed headnote1 paragraphs

Testamentary & Intestate Jurisdiction, High Court of Judicature at Bombay (Milind N. Jadhav, J.), order dated 10 October 2025 in Misc. Petition No. 646 of 2025 with Interim Application (L) No. 27352 of 2025 and Interim Application (L) No. 31076 of 2023, concerning the estate of the deceased Ramtikai Sultan Singh Makan. The Petitioner, Dr. Ajay Rameshhai Hora, earlier appointed Administrator pendente lite by the Court, was the subject of a grievance that he was not taking any steps. His counsel undertook, within six weeks, to deposit the original copy of the Will, remove all office objections and pay the Court fee; the Court directed that this time would not be extended for any reason, that the Department shall aid and assist the Petitioner, and that if compliance is completed before the next date the Department shall proceed with issuance of the Grant strictly in accordance with law. The matter was listed for 21 November 2025 under the caption 'First on Board'. The Court observed, without prejudice, that the three parties represented before it are all beneficiaries.

7.IAL.27352.2025.doc

Ajay

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

MISC. PETITION NO. 646 OF 2025

WITH INTERIM APPLICATION (L) NO. 27352 OF 2025 WITH INTERIM APPLICATION (L) NO. 31076 OF 2023 IN MISC. PETITION NO. 646 OF 2025

Ramtikai Sultan Singh Makan .. Deceased

Dr. Ajay Rameshhai Hora .. Petitioner

Ms. Sheetal Shah, Advocate for Petitioner in Misc. Petition No.646 of 2025.

Mr. Saurish Shetye a/w. Jenil Shah, Advocates i/by Ms. Radhika Chamaria for Applicant in Interim Application (L) No.27352 of 2025.

Mr. Jainish Jain, Advocate for Respondent Nos.4, 6 to 11 in Interim Application (L) No.27352 of 2025.

CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 10, 2025.

P.C.:

1. Heard Ms. Shah, learned Advocate for Petitioner in Misc. Petition No.646 of 2025; Mr. Shetye, learned Advocate for Applicant in Interim Application (L) No.27352 of 2025 and Mr. Jain, learned Advocate for Respondent Nos.4, 6 to 11 in Interim Application (L) No.27352 of 2025.

1 of 2

7.IAL.27352.2025.doc

2. Without prejudice to the rights and contentions of the parties before me, it is seen that the three parties represented by Ms. Shah, Mr. Shetye and Mr. Jain are all beneficiaries.

3. Ms. Shah’s client has been appointed as Administrator pendente lite by this Court. Grievance is made that he is not taking any steps. Ms. Shah undertakes to deposit the original copy of the Will, removal all office objections and pay the Court fee within a period of six weeks from today positively. Department shall aid and assist the Petitioner in complying with the aforesaid directions.

4. Needless to state that this time will not be extended for any reason in view of exigency mentioned by Mr. Shetye and Mr. Jain.

5. List the the matter on Board on 21^st November 2025 . To be placed under the caption ‘ First on Board ’.

6. In the meanwhile, if the compliance is undertaken before the

next date, then Department shall proceed with issuance of Grant strictly in accordance with law.

[ MILIND N. JADHAV, J. ]

Ajay Digitally signed AJAYTRAMBAK by AJAYTRAMBAKUGALMUGALE UGALMUGALE Date: 2025.10.10 18:12:03 +0530

2 of 2