Akshada Ravindra Chalke v. Ravindra Bhaskar Chalke

Bombay HC7 Oct 2025TP/851/2024

Case brief

AI extract

What is this about?

Succession Certificate; Testamentary Petition No. 851 of 2024; Bombay High Court; Arif S. Doctor; 4 March 2025; Rule 371 High Court (Original Side) Rules 1980; Prothonotary and Senior Master; uncontested testamentary petition; requisition dated 12 August 2024; deletion of deceased legal heir's name; Sulochana Bhaskar Chalke; amendment of para 4; death certificate; liberty to move Testamentary Registrar; Akshada Ravindra Chalke; Taranjit Singh.

What did the court decide?

Liberty granted to the learned counsel for the Petitioners to move the Testamentary Registrar (who can decide the Rule 371 requisition issue) with a copy of this order. ¶¶22

Akshada Ravindra Chalke vs Ravindra Bhaskar Chalke — Bombay HC (2025) — LawSathi Research

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1 45-TP 851-24.doc

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

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TESTAMENTARY PETITION NO.851 OF 2024

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Ravindra Bhaskar Chalke & Priyanka Ravindra Chalke

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… Deceased

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Akshada Ravindra Chalke & Anr. … Petitioners

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Mr. Taranjit Singh (through VC) for the Petitioners.

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CORAM : ARIF S. DOCTOR, J. DATE : 04TH MARCH 2025

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P.C. :

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MUGDHA MANOJ PARANJAPE Digitally signed by MUGDHA MANOJ PARANJAPE Date: 2025.03.05 18:21:36 +0530

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The captioned Testamentary Petition is filed for Succession

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Certificate.

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I am informed that one of the legal heirs of the deceased has passed away since filing of the Testamentary Petition.

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By an order dated 12th August 2024, the office has raised

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following requisition:

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“Advocate for the petitioner submits that the mother of the deceased no. 1 viz. Sulochana Bhaskar Chalke is expired hence her name is required to be deleted in para no. 4 of the petition as well as Advocate for the

Mugdha

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2 45-TP 851-24.doc

petitioner will carry out necessary amendment in para no. 4 where he will mention the death of the mother viz. Sulochana Bhaskar Chalke of deceased no. 1 as well as he will annex the copy of the death certificate. Advocate for the petitioner submits that he may be permitted to carry out the correction in para no. 4 and he will upload the corrected version and reverification may be dispensed with and also 4 weeks time may be granted. The Advocate for the petitioner is directed to file necessary application before the Hon’ble Court for amendment.”

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In my view, since the Testamentary Petition is uncontested, the Prothnotary and Senior Master and/or any other officer duly authorised would have the necessary powers under Rule 371 of the High Court (Original Side) Rules, 1980 to decide the issue in respect of which requisition has been raised.

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Learned Counsel for the Petitioner is therefore at liberty to move the Testamentary Registrar with a copy of this order.

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(ARIF S. DOCTOR, J.)

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Mugdha

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Akshada Ravindra Chalke v. Ravindra Bhaskar Chalke

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Akshada Ravindra Chalke v. Ravindra Bhaskar Chalke

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