Bombay High Court
1.Smt. Anila Krishnanand Maskeri And ... vs Sharangdhar Shripad Kaushik on 18 November, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2022.11.21
17:02:14 +0530
30-ia-12664-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.12664 OF 2022
IN
TESTAMENTARY SUIT NO.33 OF 2003
IN
TESTAMENTARY PETITION NO.124 OF 2003
Anila Krishnanand Maskeri ...Applicants/
Plaintiffs
Versus
Mohini Sharangdhar Kaushik ...Defendant
----------
Manan Jaiswal i/b. MLS Vani & Associates for the Applicants /
Plaintiffs.
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CORAM : R.I. CHAGLA J
DATE : 18TH NOVEMBER, 2022.
ORDER :
1. Heard learned Counsel appearing for the Applicants / Plaintiffs.
2. By this Interim Application, the Applicants have sought for dismissal of the Caveat filed by the late Shri Sharangdhar Kaushik, Caveator No.1 and the present Testamentary Suit be 1/5 30-ia-12664-2022.doc disposed of. Further relief is sought directing the Registry to issue grant of probate for the Will and Testament of the deceased Indirabai Shripad Mankikar alias I.S. Mankikar, alias Smt. Indirabai S. Mankikar expeditiously.
3. The Applicant has states that the original Caveator Sharangdhar Shripad Kaushik, being the son of the deceased filed Caveat on or around 25th April, 2003. Accordingly, the Testamentary Petition was converted into Testamentary Suit. The original Caveator expired on 29th November, 2006 leaving behind as his only legal heir and next of kin, his wife, Mohini Sharangdhar Kaushik. The Defendant Mohini Sharangdhar Kaushik was brought on record pursuant to order dated 13th March, 2007 allowing the Chamber Order No.181 of 2007.
4. The Applicant further states that the original Caveator No.2, Lalita Katre expired on 14th May, 2017. Mr. Vasantrao Katre, the father of Lalita Katre was brought on record as Defendant No.2 in the Testamentary Suit. Thereafter, the Defendant No.2 - Vasantrao Katre withdrew the Caveat filed by late Ms. Lalita Katre as recorded in order dated 2nd August, 2017.
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30-ia-12664-2022.doc
5. The Defendant - Mohini Sharangdhar Kaushik expired intestate at Mumbai on 16th July, 2020 leaving behind as her only legal heir and next of kin, Anila Krishnanand Maskeri (the Petitioner No.1). A copy of a death certificate is annexed at Exhibit 'B' to the Interim Application.
6. The learned Advocate for the Applicants has referred to Section 15 of the Hindu Succession Act, 1956 which provides general rules of succession in the case of female Hindus. Under Sub-section 1 of Section 15 of the Hindu Succession Act, 1956, the property of a Hindu female dying intestate shall devolve (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband. He has submitted that present Petitioner No.1 is the sister of the Defendant's deceased husband and the only legal heir of Mohini Sharangdhar Kaushik as there are no Class I legal heirs. Accordingly, he has submitted that since the Petitioner No.1 is already on record and there are no other legal heirs of the Defendant, upon the death of the Defendant, the Caveat does not survive and accordingly be dismissed.
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7. I have considered the averments in the Interim Application as well as noted the fact that, the Defendant had come on record by said order dated 13th March, 2007 passed in Chamber Order No.181 of 2007 which had been filed for bringing the legal heir of Sharangdhar Shripad Kaushik, (the original Caveator) on record. Further, upon the death of the said Mohini Sharangdhar Kaushik, the Defendant herein, her only surviving legal heir being the Petitioner No.1, the Caveat filed no longer survives and accordingly is required to be dismissed.
8. Considering that there is now no opposition to the last Will and Testament of the deceased Indirabai Shripad Mankikar as original Defendant No.2 had also withdrawn the Caveat as recorded in the order dated 2nd August, 2017 annexed at Exhibit A to the Interim Application and had thereafter died intestate on 18th September, 2017, the Testamentary Suit is required to be disposed of. Hence, the following order:-
(i) The Caveat filed by the Caveator No.1 is dismissed.
(ii) The Testamentary Suit is converted into Testamentary 4/5 30-ia-12664-2022.doc Petition.
(iii) The Testamentary Registry is directed to grant probate of last Will and Testament of the deceased Indirabai S. Mankikar @ I.S. Mankikar @ Indirabai S. Mankikar expeditiously.
(iv) The Interim Application is accordingly disposed of.
[R.I. CHAGLA J.] 5/5