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Bombay High Court

REKHA PRABHAS PANDEversusDilipkumar Jawaharlal Sharma

Decided
Disposal
DISPOSED OFF

Holding

The caveat is dismissed as it lacks any sustainable ground and the caveator failed to comply with the court's direction to file a supporting affidavit.

Summary

In an interim application filed in a testamentary suit, the caveator, Dilipkumar Jawaharlian Sharma, sought to oppose the grant of probate on the ground that he had not received the petition and will and alleged the decedent's mother lacked authority to execute a will. The court examined the caveator's affidavit and found it devoid of any legal basis to challenge the probate. The court also noted that an earlier order had barred any further time, and the caveator had failed to file the additional affidavit that was previously directed. Consequently, the court dismissed the caveat and ordered the suit to be renumbered as a testamentary petition. The application for dismissal was allowed.

Issues considered

  • Whether the caveator's affidavit provides a sustainable ground to oppose the grant of probate or issuance of a Letter of Administration.
  • Whether the court can grant further time after an order that no further time will be given.
  • Whether the failure to file a supporting affidavit warrants dismissal of the caveat.

Subjects

  • Probate
  • Caveat
  • Testamentary suit
  • Letter of Administration
  • Interim application
  • Affidavit
  • Time extension

Judgment

                                                                      23-IA-4279-2025 (OS).DOC



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             TESTAMENTARY AND INTESTATE JURISDICTION

                                 INTERIM APPLICATION NO. 4279 OF 2025
                                                 IN
                                   TESTAMENTARY SUIT NO. 63 OF 2019

         Digitally    Rekha Prabhas Pande                               ...Applicant
         signed by
         BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL    Date:
         2026.08.29
         14:06:23
                      In the matter between:
         +0530

                      Rekha Prabhas Pande                               ...Plaintiff
                             Versus
                      Dilipkumar Jawaharlal Sharma                      ...Respondent

                                                     __
                      Mr. Jamsheed Master (through VC) a/w. Rakesh V. Misar
                      and Vivek Rajpurohit i/b. RVM Legal for the Plaintiff

                      Mr. Pawan K with Priya Shedge and Rahul Kamble i/b. R.
                      V. Sankpal & Associates for the Respondent
                                                     __


                                             CORAM      :    ARIF S. DOCTOR, J.
                                             DATE       :    28th AUGUST, 2026

                      P.C.

                      1.     This Interim Application seeks dismissal of the caveat which

                      has been filed by one Mr. Dilipkumar Jawaharlal Sharma. When

                      the matter was called out, a request for time was made on

                      behalf of the Caveator. It was, however, opposed on the ground

                      that this Court had, on the previous occasion, by an order dated



                      Basavraj                                                            Page|1
                                                    23-IA-4279-2025 (OS).DOC



29th June 2026 specifically recorded that ‘no further time will be

granted’. I was informed that the Caveator has been repeatedly

seeking time. Therefore, the matter was taken up.



2.     I have heard Mr. Master who submits that the Affidavit in

support of the Caveat does not set out any ground on which the

grant of Probate would be opposed.


3.     Having heard Mr. Master and having perused for myself the

Affidavit in support of the Caveat, I am satisfied that it is entirely

bereft of any sustainable ground/reason in law to oppose the

grant of Probate. I am reproducing the same for convenience.


       “1.   I have been served with the copy of Citation, without
       Will, (Though the Petitioner has mentioned to have
       annexed with the Citation) of the present Testamentary
       Petition   on   26/10/2018   by     Speed    Post,   along     with
       Advocate's      Covering   Letter    under     reference        No.
       R/506/2018 dated 16/10/2018. I say that I have requested
       M/s. Kachwala Misar & Co. to provide a copy of Petition vide
       my email addressed on 26/10/2018 and reminder on
       30/10/2018. I have not received the copy of Petition and
       reply to my email request/demand. I have strong objection
       for issuing Letter of Administration to the Petitioner on the
       basis of the Will. I say that my mother was housewife since


Basavraj                                                                Page|2
                                                   23-IA-4279-2025 (OS).DOC



       beginning and she was dependant throughout her life. I say
       that my mother had no independent source of income. I
       say that my mother has not acquired the estate out of her
       own income. I say that my late mother was one of the legal
       heir and successor of my late father's estate and therefore
       she had no authority to make any Will for the entire
       property. I reserve my right to comment to and to file reply
       as and when I will be served with the Petition and copy of
       Will.

       2.      I say that my late father Jawaharlal Sharma, who died
       on 30/04/1993 of the old age. My late father died intestate
       leaving behind two flats one at Mira Road and one at
       Andheri. I say that my late father had movable assets in
       the form of Shares, Fixed Deposits, Bank Accounts and
       Ornaments. I say that as a elderly person and blood
       relation all movable assets were entrusted to my mother as
       trustee of the legal heirs.

       3.      I say that my mother was in good terms and in good
       relation with me till her last breath, but she never disclosed
       having executed any Testament/Will, she expressed her
       intention to distribute the movable and immovable assets. I
       say that the Will relied upon by the Petitioner is a disputed
       document.

       4.      I say that I am in settled possession of both the flats
       situated at Andheri and Mira Road.



Basavraj                                                               Page|3
                                                  23-IA-4279-2025 (OS).DOC




       5.   I say that by this Caveat Application, I am recording
       my objection for issuance of Letter of Administration in
       favour of the Petitioner.”

4.     It was then further pointed out that this Court, on 29 th April

2026, had, in fact granted the Caveator time to file an Interim

Application to bring on record additional affidavit in support of

the Caveat but the Caveator has not done so.                 In these

circumstances, I am satisfied that this Interim Application would

have to be allowed and is, accordingly, allowed.


5.     The Caveat stands dismissed.


6.     The Registry shall proceed to renumber the Testamentary

Suit as Testamentary Petition.




                                           [ARIF S. DOCTOR, J.]




Basavraj                                                              Page|4


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