Yogendra Udharam Rajesth v. Meena Narendra Rajesth

78-NMT100-15.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 100 OF 2015 IN TESTAMENTARY SUIT NO. 92 OF 2015 IN TESTAMENTARY PETITION NO. 6 OF 2015 Yogendra Udhram Rajesth ...Plaintiff

Versus

Meena Narendra Rajesth ...Defendant Mr. Prabhu Velhar, i/b C. Mahadeshwar, for the Applicant/Plaintiff.

CORAM: G.S. PATEL, J DATED:

21st June 2016 PC:- 1.

The Motion is for dismissal of Caveat No. 124 of 2015. The Caveatrix is the daughter-in-law of the deceased. The deceased was a Hindu widow. The Caveatrix's husband predeceased the testatrix. Under Section 15 of the Hindu Succession Act, the Caveatrix as the deceased's daughter-in-law does not have a caveatable interest, although her children do. They have been named and cited. They have not opposed.

21st June 2016

78-NMT100-15.DOC 2.

Caveat No. 124 of 2015 is discharged. The Notice of Motion is made absolute in terms of prayer clauses (a) and (b). There will be no order as to costs. If there is no other Caveat, the Petition shall proceed uncontested. If there is a Caveat, Suit to be listed for directions on 8th July 2016. If issues have not been framed, they will be framed on that day.

(G. S. PATEL, J.) 21st June 2016