Daksha LalwaniversusJayesh Maganlal Bhatt

2026:BHC-OS:448

                                                                           904 IA-8115-2025.doc


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

                                   INTERIM APPLICATION NO. 8115 OF 2025
                                                    IN
                                  TESTAMENTARY PETITION (L) NO. 575 OF 2020

                  Daksha Lalwani                                           ...Applicant
                  In the matter between :
                  Jayesh Maganlal Bhatt                                    …Deceased
                            And
                  Daksha Lalwani                                           ...Petitioner


                                                 ——————
                  Mr. Sarvagnya P. Trivedi, Mr. Aditya Bharat Manubarwala and Mr. Sandeep M.
                  Hirvadekar i/b Mr. Bharat Manubarwala for Petitioner.
                                                 ——————

                                                    Coram :    Sharmila U. Deshmukh, J.
                                                    Date     : 8th January, 2026.

                  P. C. :

                  1.        Interim Application has been preferred by original Petitioner

                  seeking directions to the Bank and the Life Insurance Corporation to

                  provide details about Savings Bank Account and the insurance policy

                  respectively in respect of deceased-Jayesh Maganlal Bhatt and of

                  Maganlal Lallubhai Bhatt, who was father of the deceased-Jayesh

                  Bhatt as the policies would form part of the estate of the deceased-

                  Jayesh Bhatt.

                  2.        Learned counsel appearing for Applicant would point out that



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the deceased was divorced and had no issues. She submits that the

deceased died intestate on 18th January, 2019 and as the deceased

died at his residence, the police authorities on receiving information

had sealed the flat after making panchnama and have taken possession

of the articles and documents of the deceased, which was kept in safe

deposit locker. She would further submit that the Applicant

approached the police authorities and upon taking inspection of the

contents of the safe deposit locker found certain policies and cheque

books of the banks which are set out in prayer clauses. Though the

Applicant approached the banks and Life Insurance Corporation for

obtaining necessary details for the purpose of incorporating the same

in the schedule of assets, the Applicant was asked to obtain necessary

Court orders. Hence, the present Application has been filed.

3.       She would further point out to the Consent Affidavits filed in the

Testamentary Petition by other legal heirs of the deceased and would

submit that there is no dispute between the legal heirs and therefore,

the directions can be passed in the present proceedings.

4.       I have considered the submissions and perused the record.

5.       The family tree which has been produced by way of additional

compilation of documents indicates that the present Applicant is the

daughter of the paternal uncle of the deceased and is the cousin sister

of the deceased. Apart from the present Applicant, the deceased


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Jayesh had two maternal aunts Manjulaben and Kundan Joshi who

have filed their Consent Affidavits in the Testamentary Petition. The

present Applicant's brother Kalpak Bhatt has also filed the Consent

Affidavit. The paternal uncle of the deceased, i.e. Ramesh Bhatt has

left behind him surviving his son Mehul Bhatt, who stands in the same

footing as that of the Applicant and has also given his Consent

Affidavit.

6.       The relationship of the Applicant with the deceased is

demonstrated from the passport placed on record which shows the

name of the uncle of the deceased. There is sufficient material on

record to demonstrate the relationship of the Applicant with the

deceased. As the Consent Affidavits of the other legal heirs have been

filed along with Testamentary Petition, the grant appears to be non-

contentious.

7.       By the present Application, the Applicant seeks direction to the

concerned Banks and the Insurance Corporation, so that the details can

be incorporated in the schedule of the assets in respect of which the

grant will be obtained. There appears to be no impediment in granting

the said direction as it is specifically pleaded that the Applicant has

found the documents upon the opening of the safe deposit locker and

thereafter, the details are sought.

8.       In light of the above, the Interim Application is allowed in terms


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of prayer clauses (a) to (d).



                                         [Sharmila U. Deshmukh, J.]




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