PRANAV ROHIT PATEL vs MR ROHIT JAYRAMDAS PATEL ALIAS MR ROHIT JAYARAMDAS PATEL

Judgment text excerpt

IAL-25547-2024.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO. 25547 OF 2023 IN TESTAMENTARY PETITION NO. 1917 OF 2023 VISHAL Pranav Rohit Patel ...Applicant SUBHASH PAREKAR Versus Digitally signed by VISHAL SUBHASH PAREKAR Rohit Jayramdas Patel ...Respondent Date: 2025.01.02 18:34:13 +0530 Mr. Rohaan Cama, with Kinnar Shah, Aditi Bhargava & Saurabh Jain, I/b Divya Shah Associates, for the Applicant in IAL/25547/2023. Mr. Rahul Narichania, Senior Advocate, with Kunal Dwarkadas & Sanaya Contractor, I/b Veritas Legal, for the Respondent in IAL/25547/2023 and Original Petitioner in TP/1917/2023. CORAM: N. J. JAMADAR, J. RESERVE ON: 3rd SEPTEMBER 2024 PRONOUNCED ON: 2nd JANUARY, 2025 ORDER:- 1. This Petition is filed for Probate of the last Will and Testament dated 4th October 2008 of late Jayramdas Muljibhai Patel (the testator), the father of the Petitioner, Mr. Rohit Jayaramdas Patel, and grand-father of Mr. Pranav Patel, the Applicant in the instant Application. The Applicant is the son of the Petitioner. 2. By virtue of this Application the Applicant seeks, inter alia, removal of the Petitioner as the Executor of the Will, dismissal of the Probate Petition and appointment of the Applicant or a fit and proper Arun Sakpal 1/31 IAL-25547-2024.DOC person as a successor to the office of the Executor and grant of Letters of Administration with Will annexed and, in the alternative, direct the Petitioner to amend Schedule I to the Probate Petition to include the land, bearing Survey Nos. 649, 650, 651 and 653, situated at Village Killa Pardi, Taluka Pardi, District Valsad, (“Pardi land”) and direct the Petitioner to distribute the residuary estate of the testator (including the Pardi land) to the Applicant in te