Ratan Udharam Bhatia v. Gopal Lakhmichand Bhatia (Deceased)
Case brief
What is this about?
Bombay High Court testamentary jurisdiction order by Justice Milind N. Jadhav dated 17-09-2025 in Testamentary Petition No. 3149 of 2024 with Will No. 1257 of 2024 (deceased: Gopal Lakhmichand Bhatia; petitioner: Mahesh Gopal Bhatia; counsel: Kevin Gala i/by Madhav Y. Shah). Adjudicates a praecipe dated 05.05.2025 concerning a General Power of Attorney issued by the wife of the deceased; discusses Rule 397 and the filing of an Application for Letters of Administration or Succession Certificate by a Constituted Power of Attorney of a person residing outside the State of Maharashtra; directs the Testamentary Registrar and the Officer on Special Duty to accept the original GPA and permit an Interim Application for steps to file the Petition in the name of the wife of the deceased.
What did the court decide?
Directions issued on adjudication of the praecipe: the Testamentary Registrar to accept the original General Power of Attorney issued by the wife of the deceased and permit the Applicant to file an Interim Application for taking steps to file the Petition in the name of the wife of the deceased; the Officer on Special Duty, if empowered to allow such amendment, to pass appropriate orders, with recourse to the Court only in case of difficulty.