Court Dismisses Modification Request in Testamentary Proceedings for Equal Distribution of Estate.
03 January 2024
Probate & Succession >> Personal Law
This Interim Application of Mangala Sarosh Bana & Others v/s Renuka @ Rekha Satish Narwankar., was filed by the Applicant (Caveatrix) to seek modification of a previous court order dated 04.07.2023. The original Testamentary Petition was filed by the younger daughter of the deceased for probate of the deceased’s Will. The Caveatrix, the elder daughter, initially gave her consent for the grant of probate but later filed a Caveat, opposing the probate. On 04.07.2023, the court issued an order for both daughters to claim the deceased's estate in equal shares (50% each). The Caveatrix later sought modification of this order, requesting the addition of the phrase "by making a joint application" to ensure transparency in the sale of the deceased's immovable property.
The Caveatrix argued that her trust in the original Petitioner had diminished due to previous unfair conduct and a lack of communication regarding the sale of the property, fearing that the Petitioner might sell it without proper disclosure. The original Petitioner, however, assured transparency in the sale process. The court considered both parties' arguments and found no error in the original order. The court dismissed the Caveatrix’s application, stating that no modification was necessary, as both parties had previously agreed to the equal distribution of the estate.