Daksha Lalwani v. Jayesh Maganlal Bhatt
2026:BHC-OS:448 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 8115 OF 2025 IN TESTAMENTARY PETITION (L) NO. 575 OF 2020 Daksha Lalwani ...Applicant In the matter between :
Jayesh Maganlal Bhatt ...Deceased And Daksha Lalwani
...Petitioner
------ Mr. Sarvagnya P. Trivedi, Mr. Aditya Bharat Manubarwala and Mr. Sandeep M. Hirvadekar i/b Mr. Bharat Manubarwala for Petitioner. ------ Coram : Sharmila U. Deshmukh, J.
Date : 8th January, 2026.
P. C. :
1.
Interim Application has been preferred by original Petitioner seeking directions to the Bank and the Life Insurance Corporation to provide details about Savings Bank Account and the insurance policy respectively in respect of deceased-Jayesh Maganlal Bhatt and of Maganlal Lallubhai Bhatt, who was father of the deceased-Jayesh Bhatt as the policies would form part of the estate of the deceasedJayesh Bhatt. 2.
Learned counsel appearing for Applicant would point out that 1 of
the deceased was divorced and had no issues. She submits that the deceased died intestate on 18th January, 2019 and as the deceased died at his residence, the police authorities on receiving information had sealed the flat after making panchnama and have taken possession of the articles and documents of the deceased, which was kept in safe deposit locker. She would further submit that the Applicant approached the police authorities and upon taking inspection of the contents of the safe deposit locker found certain policies and cheque books of the banks which are set out in prayer clauses. Though the Applicant approached the banks and Life Insurance Corporation for obtaining necessary details for the purpose of incorporating the same in the schedule of assets, the Applicant was asked to obtain necessary Court orders. Hence, the present Application has been filed. 3.
She would further point out to the Consent Affidavits filed in the Testamentary Petition by other legal heirs of the deceased and would submit that there is no dispute between the legal heirs and therefore, the directions can be passed in the present proceedings. 4.
I have considered the submissions and perused the record. 5.
The family tree which has been produced by way of additional compilation of documents indicates that the present Applicant is the daughter of the paternal uncle of the deceased and is the cousin sister of the deceased. Apart from the present Applicant, the deceased 2 of
Jayesh had two maternal aunts Manjulaben and Kundan Joshi who have filed their Consent Affidavits in the Testamentary Petition. The present Applicant's brother Kalpak Bhatt has also filed the Consent Affidavit. The paternal uncle of the deceased, i.e. Ramesh Bhatt has left behind him surviving his son Mehul Bhatt, who stands in the same footing as that of the Applicant and has also given his Consent Affidavit.
6.
The relationship of the Applicant with the deceased is demonstrated from the passport placed on record which shows the name of the uncle of the deceased. There is sufficient material on record to demonstrate the relationship of the Applicant with the deceased. As the Consent Affidavits of the other legal heirs have been filed along with Testamentary Petition, the grant appears to be noncontentious. 7.
By the present Application, the Applicant seeks direction to the concerned Banks and the Insurance Corporation, so that the details can be incorporated in the schedule of the assets in respect of which the grant will be obtained. There appears to be no impediment in granting the said direction as it is specifically pleaded that the Applicant has found the documents upon the opening of the safe deposit locker and thereafter, the details are sought.
8.
In light of the above, the Interim Application is allowed in terms 3 of
of prayer clauses (a) to (d).
[Sharmila U. Deshmukh, J.] 4 of