Sunita Avdhut Chikhalkar v. Avdhut Gopinath Chikhalkar (Deceased)

16-MPT-93-2021 WITH TP-2169-2021.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 93 OF 2021 Sunita Avdhut Chikhalkar

...Petitioner

Avdhut Gopinath Chikhalkar ...Deceased WITH TESTAMENTARY PETITION NO. 2169 OF 2021 WITH WILL NO. 880 OF 2021 IN TESTAMENTARY PETITION NO. 2169 OF 2021 Prakash Ramchandra Bhosale

...Petitioner

Avadhut Gopinath Chikhalkar alias Awadhut Gopinath Chikhalkar ...Deceased WITH TESTAMENTARY PETITION NO. 1463 OF 2021 ASHWINI HULGOJI GAJAKOSH Sunita Avdhut Chikhalkar

...Petitioner

Avdhut Gopinath Chikhalkar ...Deceased ASHWINI HULGOJI GAJAKOSH Date: 2021.08.27 10:35:07 +0530 None, for the Petitioner.

Mr Harish Pawar, for Petitioner in TP-2169-2021.

26th August 2021

16-MPT-93-2021 WITH TP-2169-2021.DOC

CORAM:

G.S. PATEL, J DATED:

26th August 2021 PC:- 1.

The heirship Petition cannot be accepted. There is a Testamentary Petition No. 2169 of 2021 that propounds a Will of the deceased. That is filed by the executor named in the Will seeking Probate. There is yet another Testamentary Petition No. 1463 of 2021 filed by this very Petitioner. In that Testamentary Petition No. 1463 of 2021, the Petitioner seeks Letters of Administration. Obviously, therefore, the Petition for an heirship certificate cannot be accepted. The Petition is dismissed. This is without prejudice to rival rights and contentions in the Testamentary Petitions. 2.

Secretary/Personal Assistant of this Court. All concerned will act (G. S. PATEL, J) 26th August 2021