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Bombay High CourtIA/622/2025disposed off

Shilpa Rahul Shetye v. Kamal Pushpa Co Operative Housing Society Ltd

2025-11-14Hon'Ble Shri Justice Milind N. Jadhav2 pages

65. IA-622-25.docx Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 622 OF 2025 IN TESTAMENTARY PETITION NO. 3578 OF 2023 Rahul Sharadchnadra Shetye .. Deceased Shilpa Rahul Shetye Applicant (Org. Petitioner)

Versus

Kamal Pushpa Co-operative Housing Society Ltd .. Respondent ..

....................

 Mr. Vishal Hegde a/w Ms. Aishwarya Jose i/by R.P. Shirole, Advocates for Applicant  Mr. Shivprasad Shetty i/by Ms. Deepti B. Mistry, Advocates for Respondent ...................

CORAM : MILIND N. JADHAV, J.

DATE : NOVEMBER 14, 2025 P. C.

:

1.

Heard Mr. Hegde, learned Advocate for Applicant and Mr. Shetty, learned Advocate for Respondent.

2.

Present Interim Application seeks certain directions from Court. 3.

First direction sought is extension of time to administer the estate of the deceased as per the Grant issued in the year 2023. For the reasons stated in the Interim Application, relief for extension of time for administering the estate of the deceased deserves to be allowed in the facts and circumstances of the present case.

65. IA-622-25.docx 4.

Next Mr. Hegde would inform the Court that Society Administrator has issued a letter (Exh. "B", page Nos. 29-31 of Application) to the Co-operative Housing Society, inter alia, requesting the Society to transfer the said flat on to the names of three legal heirs who are the mother, wife and daughter of deceased. He would submit that Society has in turn written a letter to the Administrator which is appended at Exh. "C", page No. 32 of Application) stating that Court order is required.

5.

Society is directed by this Court to comply with the requisition made by the Administrator to the Society and in accordance with the Grant transfer the share certificate of the subject flat on to the names of three legal heirs.

6.

In view of the above direction, Interim Application is allowed and disposed in terms of prayer clauses (a) and (b). Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2025.11.17 14:52:43 +0530 RAVINDRA MOHAN AMBERKAR