Bombay High Court Dismisses Notice of Motion Seeking Recall of Orders Dismissing Caveats in Testamentary Proceeding; Finds Prior Order Granting Letters of Administration to Daughter as Sole Heir Without Probate Was Without Jurisdiction. Court Holds That Where Probate Petition Exists, Letters of Administration Cannot Be Granted Unless Probate Petition Is Dismissed After Trial or Default, and Testamentary Court Has No Discretion to Prefer One Over the Other Under Indian Succession Act, 1925....
The dispute arose from the estate of deceased Balakrishna Ladhmal Chhabda, who died leaving a Will dated 28th September 2010 appointing executors and making his daughter Urvashi the sole legatee. The ...
