David Harish Mayadas v. Moira Mayadas (Deceased)
CALLED FOR HEARING :
TP/4475/2024 (E-filing) Mr. Solomon Mathi i/b. Rucha Jog, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate submits that in this matter, order of grant has already been passed on 06.02.2025 however, the objection was raised as the some of the lines of the Will are not legible.
2. Ld. Advocate for petitioner seeks time to approach the Hon'ble Court for dispensation of the said observations made in the order dated 26.02.2025. Ld. Advocate seeks time to move the Hon'ble Court on the said office objection. Ld. Advocate inform this office after pass the order by the Hon'ble Court.
3. Ld. Advocate also seeks time whether petitioner is ready to accept the grant as per the copy of the Will on record, hence, Advocate for petitioner is directed to file Affidavit of petitioner to that effect.
4. In view of the above, remove from board.
CALLED FOR HEARING :
TP/426/2025 (E-filing) Ms. Vidhya Mangavde, Advocate for petitioner PC : Perused Petition. Heard Ld. Advocate for petitioner. Since, there is no statement in the Affidavit of Attesting Witness whether the Will was interpreted to the deceased and there is no statement on record that deceased was knew the English language as she has signed in vernauclar language. Advocate to take steps accordingly. Hence, remove from board.
CALLED FOR DIRECTION :
MPT/80/2022 Ms. Jyoti Badgujar i/b. S. U. Lakdwala, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Upon perusal of the Petition, it has been observed that the court fees not yet paid and Advocate for petitioner seeking refund of court fees.
2. Hence, preacipe filed by the Advocate for refund of court fees, is disposed of. Remove from board.
CALLED FOR DIRECTION :
TPL/31269/2024 (E-filing) Ms. Bina Shivhare, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner submits that earlier TP No. 810 of 2015 was filed for the Letters of Administration with Will to the properties of deceased namely Sarojini Pramod Vyas and petition was granted in favour of the petitioner namely Coomi Mehernosh Daruwala who is Constituted Attorney of Phalguni Kunaal Patel. The present Petition bearing TPL No. 31269 of 2024 is filed for Letters of Administrationd with Will for the properties belonging to Sarojini Pramod Vyas.
2. Ld. Advocate for petitioner submits that earlier petition was filed by constituted attorney of deceased and limited grant was issued and maximum court fees of Rs.75,000/- was paid. Ld. Advocate for petitioner further submits that Will is same and identical in both the petitions for the same deceased and the present petition is filed by legatee herself hence, request for exemption of court fees as per section 23 of the Maharashtra Court Fees Act, 1959.
3. I have perused the office report dated 27.02.2025. As the full court fees has been paid in the earlier petition, the request of the Advocate for petitioner is accepted.
4. In view of the aforesaid circumstances, as both the petitions are filed for the same properties and deceased, exemption of court fees is allowed as per section 23 of the Maharashtra Court Fees Act, 1959 in the present petition.
CALLED FOR DIRECTION :
TP/2139/2024 (E-filing) Ms. Shilpa Jadhav, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. At the request of Ld. Advocate for petitioner, time to carry out corrections as per order dated 30.08.2024, is extended by four weeks from the date of uploading of this order.
2. S. O. to 28.04.2025.
CALLED FOR DIRECTION :
TPL/37005/2024 (E-filing) Mr. Pankaj Kumar Dubey, Advocate for petitioner PC : Perused Petition. Heard Ld. Advocate for petitioner. At the request of Ld. Advocate for petitioner, matter is adjourned till 28.03.2025.
CALLED FOR COMPLIANCE :
TP/1675/2017 Mr. Jayant Sagar i/b. Sachidanand Digambar Tandel, Advocate for petitioner NO R & P PC : Records and proceedings not available. Heard Ld. Advocate for petitioner. Office to trace the records and proceedings on or before next adjourned date. S. O. to 24.03.2025.
CALLED FOR DIRECTION :
TPL/156/2025 (E-filing) None present for petitioner PC : S. O. to 28.03.2025.
CALLED FOR COMPLIANCE :
TP/4010/2024 (E-filing) Ms. Sheetal Shah a/w. Megha Chobadia i/b. Mehta and Girdharlal, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Upon perusal of the petition, it is noticed that the present petition is filed through Constituted Attorney of petitioner. Since, grant for Succession Certificate cannot be issued on the name of Constituted Attorney of petitioner, Hence, Ld. Advocate for petitioner seeks to carry out corrections in the petition. The said corrections are allowed. Ld. Advocate for petitioner to carry out corrections within four weeks from the date of uploading of this order.
2. S. O. to 28.04.2025.
CALLED FOR COMPLIANCE :
TP/807/2020 Ms. Alfiya Shaikh i/b. Neeraj Patil, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Upon perusal of the petition, it is noticed that total of Schedule I annexed to the petition is not verified by the Registry. Hence, Advocate for petitioner to get it verified and re-uploaded the corrected version of the petition and get it approved from the Registry on or before next adjourned date.
2. S. O. to 28.04.2025.
CALLED FOR COMPLIANCE :
TP/1120/2019 Mr. Nikhil Udeshi a/w. Siddharth Desai, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Upon perusal of the petition, it is noticed that value of the estate of deceased mentioned in the Schedule I annexed to the petition and Administration Bond differs. Also, petitioner has mentioned in the Administration Bond that 'deceased is widower'. Advocate to correct accordingly.
2. Ld. Advocate for petitioner submits that consent Affidavits are filed but the same are not on record. Hence, Advocate for petitioner take steps on or before next adjourned date.
3. S. O. to 28.04.2025.
CALLED FOR COMPLIANCE :
TP/4393/2024 (E-filing) Ms. Sheetal Shah a/w. Megha Chobadia i/b. Mehta and Girdharlal, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Upon perusal of the petition, it is noticed that the present petition is filed through Constituted Attorney of petitioner. Since, grant for Succession Certificate cannot be issued on the name of Constituted Attorney of petitioner, Hence, Ld. Advocate for petitioner seeks to carry out corrections in the petition. The said corrections are allowed. Ld. Advocate for petitioner to carry out corrections within four weeks from the date of uploading of this order.
2. S. O. to 28.04.2025.
CALLED FOR COMPLIANCE :
TP/5818/2024 (E-filing) Mr. Ajit Hodage, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner seeks leave to amend the schedule I annexed to the petition. Amendment allowed. Ld. Advocate for petitioner to carry out amendment within three weeks from the date of uploading of this order.
2. S. O. to 28.04.2025.
CALLED FOR COMPLIANCE :
TP/5376/2024 (E-filing) Mr. Kuldeep Singh i/b. Sharda Ravi Pratap Pandey, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Upon perusal of the petition, it is noticed that details of Bills of Exchange are not mentioned in the Schedule annexed to the petition. Hence, Advocate to take steps accordingly.
2. S. O. to 28.04.2025.
CALLED FOR COMPLIANCE :
TP/5111/2024 Ms. Pratiksha Koshe i/b. Divekar Bhagwat, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner submits that as per order dated 31.01.2025 passed by the Hon'ble Court, they have carried out amendment and petition which was for Letters of Administration is now been converted into the Succession Certificate. Hence, citation is required to be issued in the petition.
2. Office to issue Notice within four weeks from the date of uploading of this order. Issue Notice to the non-consenting legal heirs of the deceased, if any. Advocate is directed to take steps.
3. Advocate to file Affidavit of Service of General Notice and also effect service upon non-consenting legal heirs, if any as per Rules 399 and 400 of the Bombay High Court (Original Side) Rules, 1980 and also justify the surety of non-consenting legal heirs and furnish Administration Bond within two weeks thereafter.
4. Office to verify if any cross petition is filed, if cross petition file, then take steps to place before the Hon'ble Court under Rule 407 of Bombay High Court (Original Side) Rules, 1980.
5. S. O. to 09.06.2025.
CALLED FOR COMPLIANCE :
TP/375/2025 (E-filing) Mr. Tarun Shroff i/b. Mahajan Ameya Suhas, Advocate for petitioner PC : Perused Petition. Heard Ld. Advocate for petitioner. At the request of Ld. Advocate for petitioner, matter is adjourned till 28.04.2025 for compliance.
CALLED FOR COMPLIANCE :
TP/415/2025 (E-filing) Ms. Nidhi Sawant i/b. Sadhna Singh, Advocate for petitioner PC : Perused Petition. Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner has to take steps as per the provisions of Rule 422 (a) (ii) of the Bombay High Court (Original Side) Rules, 1980 since the legal heirs is minor. Hence, remove from board.
CALLED FOR COMPLIANCE :
TP/277/2025 (E-filing) None present for petitioner PC : S. O. to 28.04.2025.
CALLED FOR COMPLIANCE :
TP/277/2025 None present for petitioner PC : S. O. to 28.04.2025.
MENTIONED, NOT ON BOARD :
TP/682/2021 Mr. Karan Jagtap i/b. P S Chambers, Advocate for petitioner PC : Heard Ld. Advocate for petitioner. Ld. Advocate for petitioner seeks to carry out amendment in the petition as per praecipe dated 14.03.2025. Amendment is allowed. Ld. Advocate for petitioner to carry out amendment within four weeks and re-upload the amended petition on the official portal of the Bombay High Court.
MENTIONED, NOT ON BOARD :
TP/3684/2024 Mr. Vivek Sharma, Advocate for petitioner PC : Heard Ld. Advocate for petitioner. At the request of Ld. Advocate for petitioner, time for issuance of General Notice is extended by four weeks from the date of uploading of this order.
MENTIONED, NOT ON BOARD :
TP/5888/2024 Ms. Preetika D. Khabrani, Advocate for petitioner PC : Heard Ld. Advocate for petitioner. At the request of Ld. Advocate for petitioner, time to comply with the directions issued in the order dated 18.12.2024, is extended for four weeks from the date of uploading of this order.
MENTIONED, NOT ON BOARD :
TP/5684/2024 Ms. Juilee Ghadge, Advocate for petitioner PC : Heard Ld. Advocate for petitioner. Office to issue fresh citation upon nonconsenting legal heirs of deceased in the present matter as per praecipe dated 17.03.2025.
MENTIONED, NOT ON BOARD :
TP/1377/2024 M/s. ALMT Legal, Advocate for petitioner PC : Heard Ld. Advocate for petitioner. As per praecipe dated 17.03.2025, Ld. Advocate for petitioner seeks leave to amend the Schedule I annexed to the petition. Amendment is allowed. Ld. Advocate for petitioner to carry out amendment within four weeks from the date of uploading of this order and reupload the amended petition on the official portal of the Bombay High Court.
MENTIONED, NOT ON BOARD :
TP/3516/2025 Mr. Satish Kamat, Advocate for petitioner PC : Heard Ld. Advocate for petitioner. As per praecipe dated 17.03.2025, Ld. Advocate for petitioner seeks leave to carry out corrections in the petition with respect to add para of delay. The said corrections are allowed. Ld. Advocate for petitioner to carry out corrections within four weeks from the date of uploading of this order and re-upload the corrected petition on the official portal of the Bombay High Court.