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
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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.
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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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