Neerij Kartar Chand Kamboj and Anr. vs Anil Kartar Chand Kamboj and 5 Ors. — Bombay HC (2026) — LawSathi Research

Neerij Kartar Chand Kamboj and Anr. vs Anil Kartar Chand Kamboj and 5 Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The Prothonotary and Senior Master, High Court, Bombay directed to forthwith liquidate the fixed deposit lying with HDFC Bank, Woodhouse Road Branch, Colaba (account no. 50301068545685); to keep aside Rs. 15,00,000/- and reinvest it in another fixed deposit with the same bank at an optimal rate of interest; to pay the remaining liquidated amount to Defendant nos. 1 and 2 for and on behalf of their children, Defendant nos. 4 and 5, within 7 days from the date of liquidation; the reinvested Rs. 15,00,000/- subject to further orders in the captioned Suit and/or the Testamentary Suit; no order as to costs; parties to act on a digitally signed copy.

Issue for consideration

Whether, at this interim stage, Defendant nos. 4 and 5 (the deceased's grandchildren) should be deprived of the bequest made by their grand-father solely on the ground that probate of the Will propounded by Defendant nos. 1 and 2 has not yet been granted and/or the administration of the estate of the deceased, as sought in the captioned Suit, has not been ordered/directed.

Court's answer

It is an undisputed position that under both the rival Wills (dated 16th May 2016 and 28th April 2017) the fixed-deposit monies have been bequeathed solely to Defendant nos. 4 and 5, the grand children of the deceased; accordingly, since there is no dispute between the parties on this aspect, Defendant nos. 4 and 5 should not be deprived of the use and benefit of these monies pending the protracted litigation between their father and their uncle, especially when they are stated to be in need of the same.

Ratio / Principle

The Plaintiff's contention that Defendant nos. 1 and 2 misused monies intended for their mother (wife of the deceased) will be considered and adjudicated in the Plaintiff's separate Interim Application (No. 3298 of 2025), but that ground does not justify refusal of the reliefs sought in the present Interim Application; the Plaintiff's apprehension is allayed and his rights adequately safeguarded by permitting Defendant nos. 1 and 2 to withdraw only a part of the monies, with the retained portion kept aside subject to further orders in the captioned Suit and/or the pending Testamentary Suit — such an order subserves and meets the ends of justice.

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Farhan P. Dubash, J. — Interim Application No. 376 of 2025 in Suit No. 108 of 2019, concerning the estate of the late Captain Kartar Chand Khamboj (deceased 24 November 2017), whose rival Wills of 16 May 2016 (propounded by Defendant nos. 1 and 2, pursued through Testamentary Petition No. 2249 of 2019, converted into Testamentary Suit No. 63 of 2021 upon the Plaintiff's Caveat) and 28 April 2017 (propounded by the Plaintiff, probate not sought; Plaintiff instead filed Suit No. 108 of 2019 for administration of the estate) remain unresolved. Defendant nos. 1 and 2 (Applicants, Plaintiff's siblings) sought payment over of Rs. 56,20,000/- lying in fixed deposit with HDFC Bank, Woodhouse Road Branch, Colaba pursuant to earlier Court orders, including the order dated 26 October 2018 in Notice of Motion (L) no. 1709 of 2018. The Court held it indisputed that under BOTH Wills these monies are bequeathed solely to the deceased's minor grandchildren, Defendant nos. 4 and 5 (Master Prabeir and Master Praneil Neerij Kamboj), who were stated to need them, and that the Plaintifs allegation of misuse of funds meant for the deceased's wife would be adjudicated in his pending Interim Application No. 3298 of 2025 and did not justify refusal. Disposing of the application, the Court directed liquidation of FD account no. 50301068545685, retention and reinvestment of Rs. 15,00,000/- subject to further orders in the Suit/Testamentary Suit, and payment of the balance to Defendant nos. 1 and 2 for and on behalf of Defendant nos. 4 and 5 within 7 days; no order as to costs. Order dated 26 February 2026, modified/corrected pursuant to order dated 13 March 2026.