Jagdish Radheymohan Capoor (Deleted) v. Amritlal Daswandiram Bhatia (Deceased)

910.TP.2041.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 2041 OF 2021 WITH WILL NO. 821 OF 2021 IN TESTAMENTARY PETITION NO. 2041 OF 2021 Amritlal Daswandi Bhatia ...Deceased Dr. Monica Khanna alias Monica Amritlal Bhatia

...Petitioner

***  Ms. Nidhi B. Singh i/b Neel R. Kothari, for Petitioner. SHRIKANT SHRINIVAS MALANI SHRIKANT SHRINIVAS MALANI Date: 2023.11.10 14:59:29 +0530 *** CORAM : MANISH PITALE, J.

DATE : 09th NOVEMBER, 2023.

P. C. :

1.

Heard learned Counsel for the Petitioners.

2.

In this petition, Letters of Administration with Will were granted on 12th May, 2023. Copy of the grant is available and it is placed before this Court.

3.

The present petition has been circulated today as the Petitioners seek permission of this Court under Section 307 of the Indian Succession Act, 1925.

4.

The learned Counsel for the Petitioners invited attention of this Court to paragraph no. 5 of the Will, wherein the testator indicated as to the manner in which an immovable property i.e. a Flat could be dealt with and disposed of.

Shrikant Malani

910.TP.2041.2021.doc 5.

The Petitioners intend to carry out the direction specified in paragraph no. 5 of the subject Will.

6.

This Court is satisfied that the Petitioners can be granted permission under Section 307 of the said Act, for acting in terms of paragraph no. 5 of the Will annexed to the petition. 7.

In view of the above, the prayer for permission under Section 307 of the said Act, for disposing of the said flat, is granted. (MANISH PITALE, J.) Shrikant Malani