G.S.Gupta v. Gaurang G. Gupta And ORS. Anand Gunvantrai Gupta And ANR

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19. CST 46-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INSTESTATE JURISDICTION CHAMBER SUMMONS NO.46 OF 2017 IN TESTAMENTARY SUIT NO.48 OF 1996 IN TESTAMENTARY PETITION NO.601 OF 1995 Anand Gunvantrai Gupta And Another ...

Plaintiffs Narendra Shivlal Gupta ...

Deceased In the matter between :

Gunvantrai Shivlal Gupta ...

Plaintiff

Versus

Gaurang Gunvantrai Gupta And Others ...

Defendants And Anand Gunvantrai Gupta & Another ...

Applicants/Prop.

Petitioners .....

Mr. Laukik Palekar a/w Pooja Sharma i/b M/s Jehangir Gulabbhai & Bilimoria & Daruwalla for the Applicants/Prop. Petitioners .....

CORAM : S.C.GUPTE, J.

DATE : 4 OCTOBER 2017 P.C. :

.

This petition, converted into testamentary suit, seeks probate of the Will executed by deceased Narendra Shivlal Gupta. Since the sole executor of the Will died during pendency of the suit, the chamber summons was taken out for converting the probate petition into a petition for Letter of Administration along with the Will annexed. That chamber summons was

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19. CST 46-17.doc allowed on 8 August 2017. The conversion of the petition, however, could not be carried out since, the original record of the testamentary petition was not available with the Court Office. By an order dated 14 September 2017, this Court permitted the Petitioner/Plaintiff to file the reconstructed original proceedings. Learned Counsel for the Applicants to the Chamber Summons submits that since the sole executor has died, it is not possible to reconstruct the original record of the testamentary petition. The Applicants are, accordingly, permitted to file a fresh petition for Letter of Administration with Will annexed. It shall be treated as converted testamentary petition. No fresh court fees be paid accordingly on the testamentary petition. Office to act accordingly. (S.C. GUPTE, J.)