Bombay High Court
Hemali Pradip Trivedi vs Sadhana D Bhatt on 9 March, 2026
2026:BHC-OS:6185
32-IA(L)-41655-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO. 41655 OF 2025
IN
TESTAMENTARY SUIT NO. 49 OF 2013
IN
TESTAMENTARY PETITION NO. 318 OF 2012
Hemali Pradip Trivedi ...Applicant
Versus
Sadhana D Bhatt ...Caveatrix
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Ms. Neeta Parikh, for the Applicant.
Mr. Avi Kshirsagar, for the Caveatrix.
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CORAM : SHARMILA U. DESHMUKH, J.
DATE : March 09, 2026
P. C. :
1. The application has been preferred to allow the Applicant, who is a beneficiary under the Will to be substituted in place of the executor, who has expired and for permission to convert Probate Petition into a Petition for Letters of Administration with Will.
2. Learned counsel for the Applicant submits that the deceased- Petitioner had filed Probate Petition in the year 2012 which was converted into Testamentary Suit upon Caveat being filed. She submits that the sole executrix died on 23rd December, 2019 at Bhavnagar and Arya 1 of 3 ::: Uploaded on - 10/03/2026 ::: Downloaded on - 10/03/2026 20:48:44 ::: 32-IA(L)-41655-2025.doc the Applicant is legal heir of the sole beneficiary under the Will. She would submit that the Applicant is entitled to step into the shoes of the executor under Section 232 of the Indian Succession Act, 1925. She submits that after demise of the executor, there was proposal for amicable settlement, however, same could not fructify, and hence, there is delay in filing the present application.
3. Interim Application is vehemently opposed by learned counsel for the Caveator stating that there is no sufficient cause set out for condoning delay which is according to him is almost of 6 years. He would further submit that there were not settlement talks going on between the parties, and therefore, an incorrect statement is made in the application.
4. I have considered the submissions.
5. Testamentary Suit is of the year 2013 and was not listed on board for considerable period. It is only on 1 st December, 2025 that the application was listed on board when this Court was informed that the Petitioner had expired. It is specific pleading in the application that there were settlement talks going on between the parties. Even if the same is disputed, it cannot be ignored that as the proceedings were listed after long period of time, no further steps were taken. As the sole executrix has died, the applicant who is the beneficiary under the Will is entitled to be substituted in place of the executrix and for the Arya 2 of 3 ::: Uploaded on - 10/03/2026 ::: Downloaded on - 10/03/2026 20:48:44 ::: 32-IA(L)-41655-2025.doc petition to be converted into petition for Letters of Administration with Will.
6. Considering that the proceedings are Testamentary proceedings, the delay stands condoned. Interim Application is allowed. Amendment to be carried out within a period of 3 weeks from today. Re-verification is dispensed with. Stand over to 6th April, 2026 under the caption for 'directions'.
[SHARMILA U. DESHMUKH, J.]
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