Rupali Mehta vs Smt. Tina Narinder Sain Mehta on 29 August, 2006
2 On going through the Chamber Summons, I fnd that the
prayers sought for cannot be granted in the Testamentary Petition.
This has been clearly held by a single Judge of this Court in the case
of Rupali Mehta Vs Tina Narinder Sain Mehta reported in 2006(6)
Mh.L.J. 786 as well as by a Division Bench of this Court in the case of
Ramchandra Vs Vithalrao reported in 2011(4) Mh.L.J. 50. As held in
these two judgments, the Probate Court is only concerned with the
question as to whether a will of the deceased is genuine and that it
has been made voluntarily. It cannot grant interlocutory relief in
respect of the property which form part of the estate of the deceased
prior to the grant of the probate. In view of the aforesaid two
decisions no relief can be granted in the above Chamber Summons.
The applicant/ caveator is free to seek these reliefs in any substantive
proceedings. Mr. Saraogi, the learned counsel appearing on behalf of
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