GOOLCHER TEHEMTON DALAL v. Hirjibhoy Cooverji Mehta
IA/3662/2026 · 2026-08-17
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3545 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3545 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1/2 30-IA-3662-2026 (OS).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 3662 OF 2026 IN TESTAMENTARY PETITION NO. 636 OF 1979 Goolcher Tehemton Dalal ...Applicant Versus Hirjibhoy Cooverji Mehta ...Respondent _______ Mr. Farhad Vakil a/w Mr. H. N. Vakil i/b Mulla & Mulla and Craigie Blunt & Caroe, for the Applicant. _______ CORAM : ARIF S. DOCTOR, J.
DATE : 17 th AUGUST, 2026 P.C.
1. By this Interim Application, the Applicant seeks to amend the title of the captioned Testamentary Petition and the probate granted by this Court by deleting the name of Petitioner No.1.
2. Mr. Vakil, learned counsel for the Applicant has brought my attention to page no. 38 of the Application, which is a copy of the death certificate of Petitioner No.1. Furthermore, Mr. Vakil has also submitted that though this Court had granted probate to the Petitioners as far back as on 19 th February 1981, it was only subsequently during the administration of the estate of the deceased that the Petitioners became aware that one property was yet to be administered. Vaibhav VAIBHAV NAMDEV BARE Digitally signed by VAIBHAV NAMDEV BARE Date: 2026.08.19 10:31:58 +0530
2/2 30-IA-3662-2026 (OS).DOC
3. Mr. Vakil has invited my attention to a letter dated 23 rd January 2026 addressed by the office of the Collector to Petitioner No.2, which sets out the requisite compliances which would have to be done/met by the Petitioners for the effective transfer of the said property in question. Mr. Vakil submitted that one of the requirements therefore would be to have the name of Petitioner No.1 deleted from the probate, since Petitioner No.1 has since passed away.
4. Having heard learned counsel and having perused the Interim Application, in my view, the Interim Application would have to be allowed for the effective grant of the probate which has already been issued by this Court. Hence, the Interim Application is allowed in terms of prayer clause (a).
5. Amendment to be carried out within a period of one week from today.
[ARIF S. DOCTOR, J.] Vaibhav