Bombay High Court
Rani Hashu Vazirani vs Shakuntala Narayan Jotwani And Anr on 13 August, 2019
Author: A.K. Menon
Bench: A.K. Menon
23-NMTL-159-19.doc
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
NOTICE OF MOTION (LODGING) NO.159 OF 2019
IN
MISCELLANEOUS PETITION (LODGING) NO.2278 OF 2019
IN
TESTAMENTARY PETITION NO.502 OF 2016
Rani Hashu Vazirani ....Applicant
In the matter between
Rani Hashu Vazirani ....Petitioner
V/s.
Shakuntala Narayan Jotwani and Anr. ....Respondents
Mr. Tejas Vora, i/by Ms. Lakshmi G. Vora, for the Applicant-Original
Petitioner.
Mr. Ashutosh Shukla, i/by Mr. Pradeep Khiltani, for the Respondents.
CORAM : A.K. MENON, J.
DATED : 13TH AUGUST, 2019.
P.C. :
1. A statement is made by learned counsel appearing for the respondents that the property forming subject matter of the grant dated 27 th September 2016 has been transferred to the names of the respondents. The petition proceeds on the basis that the petitioner has already obtained a probate in the year 2015. It is not known on what basis the petitioner has subsequently 1/2 ::: Uploaded on - 13/08/2019 ::: Downloaded on - 14/08/2019 02:29:18 ::: 23-NMTL-159-19.doc obtained Letters of Administration. In view of the fact that there is a prior probate in respect of the Will of the same deceased, the petition for Letters of Administration could not have been filed unless the probate was revoked.
2. In view of the above, the original grant dated 27 th September 2016 shall be deposited in this court with the Prothonotary and Senior Master within one week from today. The respondents are restrained from acting upon that grant with immediate effect.
3. In the meantime, there will be an ad-interim order in terms of prayer clauses (a), (b) and (c). If any application has been made to the Sub-Registrar of Mulund, Mumbai, for including the names of the respondents as owners, the said authority shall not take any further steps in this behalf.
4. Unless this order is complied, no petition for revocation of the grant of probate shall be registered by the registry. In view thereof, this notice of motion does not survive and the same stands disposed in the above terms.
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