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Bombay High Court

DIPALI APURVA MEHTAversusAPURVA BHASKARRAI MEHTA

Decided
Disposal
DISPOSED OFF

Holding

The undertaking is discharged as the heir is now a major and no further leave of the court is required for dealing with his share.

Summary

The applicant, Dipali Apurva Mehta, filed an interim application seeking to discharge an undertaking filed on 18 May 2021 when her son, Hriman A. Mehta, was a minor, and to declare that no further court permission is required for transferring his one‑third share in the deceased’s estate now that he has attained majority. The court noted that the undertaking was given only because the heir was a minor and, having examined the application, found that the purpose of the undertaking no longer exists. Consequently, the court held that the undertaking can be dispensed with and that the son’s share may be dealt with without further leave of the court. The application was therefore allowed and the reliefs were granted. The order disposes of the interim application.

Issues considered

  • Whether the undertaking filed when the heir was a minor can be discharged now that the heir has attained majority

Subjects

  • testamentary petition
  • interim application
  • undertaking
  • minority
  • majority
  • estate distribution
  • share transfer

Judgment

                                                            1/2                  43-IA-5520-2026 (OS).DOC



         Digitally
         signed by
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         MOHAMMAD
MOHAMMAD AREEB
AREEB
MOHD
         MOHD
         AKBAR
                                 TESTAMENTARY AND INTESTATE JURISDICTION
AKBAR    Date:
         2026.09.24
         10:35:22
         +0530

                                   INTERIM APPLICATION NO. 5520 OF 2026
                                                            IN
                                  TESTAMENTARY PETITION NO. 866 OF 2019

             Dipali Apurva Mehta                                                              ...Applicant
                      Versus
             Apurva Bhaskarrai Mehta                                                          ...Respondent
                                                        _______
             Ms. Mrinali Dave i/b Keystone Partners for the Applicant.


                                                        _______
                                             CORAM           :       ARIF S. DOCTOR, J.
                                             DATE            :       22nd SEPTEMBER, 2026


             P.C.


             1.       This Interim Application seeks the following reliefs:

                          i. dispense with and discharge the said Undertaking dated 18 th May 2021
                          (Exhibit "B'') furnished by the Petitioner and accepted by this Hon 'ble Court
                          pursuant to the order dated 30th March 2021 passed in Judge's Order No.
                          42 of 2021 in Testamentary Petition No. 866 of 2019;

                          ii. declare that, in view of Hriman Apurva Mehta having attained the age of
                          majority, no further leave of this Hon 'ble Court is required for dealing with
                          or transferring his share in the estate of the Deceased, including his
                          undivided one-third share in Flat No. 801 situated on the 8th Floor of
                          Sushi! Building, Behind Arya Samaj, Sir VP. Road, Santacruz (West),
                          Mumbai – 400054, together with one parking space;”



             2.       Having heard learned counsel for the Applicant, who points out that an

             undertaking was given to this Court at the time when the son of the deceased,

             namely, Hriman A. Mehta, was a minor. It is now submitted that the said Hriman



             Areeb
                                       2/2               43-IA-5520-2026 (OS).DOC



A. Mehta has attained majority. The Applicant is the mother of Hriman A. Mehta.

3.      Having heard learned counsel and having perused the Interim

Application, I am satisfied that, given the fact that Hriman A. Mehta is now a

major, there would be no need or occasion to continue the said undertaking,

which was given to this Court pursuant to the Order dated 30 th March, 2021.

4.      Accordingly, the Interim Application is allowed and disposed of in terms

of prayer clauses ‘i’ and ‘ii’, which have already been reproduced above.




                                                 [ARIF S. DOCTOR, J.]




Areeb


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