Ramesh Morarji Ashar v. Manjulaben Karsandas Ashar (Deceased)

39-IA-2332-2020 IN TP-669-2014.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTAE JURISDICTION INTERIM APPLICATION NO. 2332 OF 2020 IN TESTAMENTARY PETITION NO. 669 OF 2014 Ramesh Morarji Ashar

...Petitioner

And Manjulaben Karsandas Ashar ...Deceased Mr Rajesh Chhedda, for the Applicant/Petitioner.

CORAM: G.S. PATEL, J DATED:

9th March 2021 PC:- 1.

The Interim Application is misconceived. The Petitioners obtained probate on 13th March 2015 to a Will and Codicil in Gujarati. The Applicant is one of the three Executors. When these Executors attempted to sell the flat in question, they were confronted with certain queries from the vendor. It is not for a Court Atul G.

Kulkarni to answer a vendor's requisitions as to title. What is to be made of this or that particular provision in a Will or Codicil is not the remit by Atul G.

Kulkarni Date: 2021.03.10 10:48:17 +0530 of the Testamentary Court, particularly after probate is granted. There are other proceedings that are available when it comes to matters of interpretation of deeds and documents. 9th March 2021

39-IA-2332-2020 IN TP-669-2014.DOC 2.

The Applicant is at liberty to adopt all or any of those proceedings, including filing an Originating Summons. 3.

The Interim Application is dismissed with this liberty. No costs.

4.

copy of this order.

(G. S. PATEL, J) 9th March 2021