Bharvi Samir Dave and Anr. v. Nalin Mohanlal Dave (Deceased)
Case brief
What is this about?
Bombay High Court Testamentary Department interim order dated 22.08.2025 in TP/534/2024 with WILL/2380/2024; executors-cum-legatees seeking Letters of Administration with Will annexed; objection under Sections 222, 232, 233 and 234 Indian Succession Act 1925; renunciation affidavit under Section 230 IS Act instead of conversion to probate; contention that Section 141 IS Act inapplicable as petitioners will prove the Will; Rule 393 Bombay High Court (O.S.) Rules 1980 held applicable; petitioners to seek relief accordingly; advocate Utam Rane for petitioners; stand over to 09.09.2025; no precedents cited; no substantive relief granted.
What did the court decide?
The Officer on Special Duty, with Testamentary Department, held that Rule 393 of the Bombay High Court (O.S.) Rules, 1980 is applicable in this regard, and directed the petitioners to seek relief from the Hon'ble Court as per that provision.