Raminderpal Singh Gulati vs Gurubux Singh Malhotra (Deceased) — Bombay HC (2026) — LawSathi Research

Raminderpal Singh Gulati vs Gurubux Singh Malhotra (Deceased) — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Reconstruction of the petition effected through directions: the certified copy issued on 08.04.2026 was taken on record and is to be treated as the reconstructed petition; the petitioner is to upload it after appropriate stamping by the Office and thereafter post it on the official website of the Bombay High Court; the Office is to endorse 'reconstructed petition' in red ink on the certified copy and on the docket, subject to compliance with the accepted undertaking of the petitioner's advocate to file the Vakalatnama; the certified copy was returned to the petitioner's advocate.

Issue for consideration

Reconstruction of the record of the misplaced original testamentary petition (after grant of probate), following Practice Note No. 47 dated 27.11.2015 and the e-filing Rules of the High Court, Bombay, 2022.

Ratio / Principle

The petitioner's advocate undertook to file the Vakalatnama in the present petition, and the Registrar accepted that undertaking.

Key takeaways

The certified copy of the petition produced by the advocate is taken on record and is to be treated as the reconstruction of the said petition.ratio¶10
Petitioner directed to upload the present petition after appropriate stamping by the Office for reconstruction of the petition.ratio¶10
The reconstructed petition is thereafter to be uploaded on the official website of the Bombay High Court.ratio

Detailed headnote1 paragraphs

High Court, Bombay (Company Registrar / Testamentary Registrar), order dated 29.04.2026 — Testamentary Petition TP/4785/2024 (e-filing) with WILL/1900/2024. After probate was granted on 21.01.2025 and Schedule I was corrected pursuant to order dated 02.04.2026 in IA No. 7840 of 2025, the petitioner reported the original petition misplaced (Affidavit dated 09.04.2026) and sought reconstruction via precipe dated 10.04.2026. The Registrar accepted the petitioner's advocate's undertaking to file Vakalatnama, took on record the certified copy issued on 08.04.2026 as the reconstruction of the petition, directed uploading after appropriate Office stamping and posting on the official website of the Bombay High Court, and directed the Office to endorse 'reconstructed petition' in red ink on the certified copy and the docket, subject to compliance with the undertaking — the process being governed by Practice Note No. 47 dated 27.11.2015 and the e-filing Rules of the High Court, Bombay, 2022.

SLG

BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 29^th April, 2026

CALLED FOR DIRECTION :

1 TP/4785/2024 (E-filing) WITH

WILL/1900/2024

Mr. Madhusudan Gawde a/w. Divya Tiwari, Advocate for petitioner

PC : 1. Perused Petition. Ld. Advocate for petitioner undertakes to file Vakalatnama in the present petition. The said undertaking is accepted. Ld. Advocate for petitioner has filed precipe dated 10.04.2026 seeking directions for order of reconstruction of the petition and matter is placed on board for reconstruction of the petition. As per the e-filing Rules of the High Court, Bombay, 2022 the petitioner and the Advocate are required to maintained the record.

The petitioner herein has filed Affidavit dated 09.04.2026 stating therein that the original petition has been misplaced by her. As regards the reconstruction of the records, the Practice Note No. 47 dated 27.11.2015 provides for the process of reconstruction of the documents as well as records and proceedings.

Ld. Advocate for petitioner submits that Probate is already granted in the present petition on 21.01.2025 and after grant was issued petitioner was realised that discrepancies in the respect of the properties mentioned in the Schedule I annexed to the petition and petitioner was allowed to correct the Schedule of petition as per the order dated 02.04.2026 passed by the Hon’ble Court in IA No. 7840 of 2025. Thereafter, the petitioner has noticed that the original petition is misplaced as per Affidavit dated 09.04.2026.

In the present petition, certified copy of the petition was issued on 08.04.2026. Ld. Advocate for petitioner has produced the certified copy of the petition. The same is taken on record and the same is to be treated as reconstruction of the said petition. Petitioner is directed to upload the present petition after appropriate stamped of the Office of reconstruction of petition and thereafter, the said reconstructed petition be uploaded on the official website of the Bombay High Court. Ld. Advocate for petitioner to take necessary steps in the matter. The said certified copy of the petition is returned to the Advocate for petitioner.

Office is directed to endorse on the original certified copy of the petition and on the docket as reconstructed petition in the Red-ink, subject to compliance of undertaking as stated hereinabove.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

29.04.2026