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Bombay High Court
Rekha Thakorlal Shah vs Dharmesh Ranjitsinhvarnamia on 10 April, 2026
2026:BHC-OS:9139
Before : Shri E. B. Sivakumar,
Addl. Registrar (O.S.) /
Addl. Prothonotary and Senior Master
Date: 10th April, 2026
CALLED FOR DIRECTION:
5. TPAC (L)/ ) Ms. Kinjal Gogri, i/by Piyush Shah, Advocate for
5550/2026 ) the Third Party Applicant
IN
)
TP/1317/2023
P.C.
This Third Party Application has been filed by Rekha
Thakorlal Shah, through her Constituted Attorney Shri Parth
Thakorlal Shah, seeking certified copies of the entire papers and
proceedings including Orders and Probate passed in the
Testamentary Petition No. 1317 of 2023, as per Rule 268 of the
Bombay High Court Original Side Rules 1980.
2. Third Party Application has been served upon the
Petitioner and the affidavit of service dated 10 th April 2026. Ld.
Advocate for the Applicant tenders the affidavit of service dated 10 th
April, 2026, the same is taken on record.
3. Perused the affidavit in support and additional affidavit.
The Applicant stated in the affidavit that, the Applicant being one of
the legal heirs of the deceased. It is further stated that, the probate
has been obtained fraudulently and published proposed sale of flat
situated at Mont Blanc CHS Ltd. It is further stated in the additional
affidavit that, the Misc. Petition (Lodg.) No. 42789 of 2025 has been
filed by her for revocation of the grant issued in the Testamentary
Petition No. 1317 of 2023. It is further stated that, the partition Suit
bearing (Lodg.) No. 29174 of 2023 has been filed by the Applicant
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claiming 33% share with the surviving heirs of the deceased. It is
further stated that, the Petitioner is one of the legal heirs and sister
of the deceased, who died on 14 th December 2022 at London. It is
further stated that, the deceased never had children during her
lifetime and parents of the husband of the deceased were also
predeceased the deceased and the husband of the deceased had no
brother and sister. It is further stated that, the legal heirs of the
deceased Dr. Pramodini B. Saxena is only her sister and brother
wherein the Applicant who is being a sister of the deceased and one
of the legal heirs. It is further stated that, the purported Gift Deed
dated 20th March 2023 has been executed by the Petitioner who is
sisters of the Applicant in favour of Dharmesh Ranjitsinh Varnamia
as the Donee, whereby the Petitioner had gifted 50 per cent of her
undivided share, right title and interest in respect of the residential
flat being Flat No. 3/2, alongwith the Car parking space in building
known as Mont Blanc Apartment, CTS No. 572, Dadi Seth Hill,
August Kranti Marg, KEMS Corner, Mumbai 400 068. It is further
stated that, the deceased died intestate on 14 th December 2022 and
the Applicant being the Class I heir is entitled to get equal share in
the estate of the deceased. It is further stated that, the Applicant
requires the certified copy of the papers and proceedings of the
Testamentary Petition which are required to be filed in Misc. Petition
for revocation of probate filed by the Applicant. The Applicant,
therefore, prayed for the certified copy of the Papers and
proceedings of the Testamentary Petition for the purpose of taking
further steps.
4. Heard. Ld. Advocate for the Applicant submits that, the
Applicant being one of the legal heirs of the deceased. She further
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submits that, the probate has been obtained fraudulently and
published proposed sale of flat situated at Mont Blanc CHS Ltd. She
further submits in the additional affidavit that, the Misc. Petition
(Lodg.) No. 42789 of 2025 has been filed by the Applicant for
revocation of the grant issued in the Testamentary Petition No. 1317
of 2023. She further submits that, the partition Suit bearing (Lodg.)
No. 29174 of 2023 has been filed by the Applicant claiming 33%
share with the surviving heirs of the deceased. She further submits
that, the Petitioner is one of the legal heirs and sister of the
deceased, who died on 14th December 2022 at London. She further
submits that, the deceased never had children during her lifetime
and parents of the husband of the deceased were also predeceased
the deceased and the husband of the deceased had no brother and
sister. She further submits that, the legal heirs of the deceased Dr.
Pramodini B. Saxena is only her sister and brother wherein the
Applicant who is being a sister of the deceased and one of the legal
heirs. She further submits that, the purported Gift Deed dated 20 th
March 2023 has been executed by the Petitioner who is sisters of the
Applicant in favour of Dharmesh Ranjitsinh Varnamia as the Donee,
whereby the Petitioner had gifted 50 per cent of her undivided
share, right title and interest in respect of the residential flat being
Flat No. 3/2, alongwith the Car parking space in building known as
Mont Blanc Apartment, CTS No. 572, Dadi Seth Hill, August Kranti
Marg, KEMS Corner, Mumbai 400 068. She further submits that, the
deceased died intestate on 14th December 2022 and the Applicant
being the Class-I heir is entitled to get equal share in the estate of
the deceased. She further submits that, the Applicant requires the
certified copy of the papers and proceedings of the Testamentary
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Petition which are required to be filed in Misc. Petition for
revocation of probate filed by the Applicant. She further submits
that, the Petitioner had also mentioned the name of Applicant as
one of the sister of the deceased in the purported Gift Deed dated
20th March 2023. She, therefore, prays that, the Third Party
Application be allowed. None present on behalf of the Petitioner
despite service.
5. It is to be noted that Rule 268 of Bombay High Court
Original Side Rules, 1980, indicates that if sufficient cause is shown,
this Authority has discretion to grant certified copy of the entire
papers and proceedings including Orders and Probate passed in the
Testamentary Petition No. 1317 of 2023 to the Third Party
Applicant.
6. For the reasons stated in the affidavit in support and the
Applicant having shown sufficient cause, the Third-Party Application
is allowed. Office is directed to issue certified copies of entire
papers and proceedings including Orders and Probate passed in the
Testamentary Petition No. 1317 of 2023 to the third party applicants
as per the application, on payment of necessary charges.
7. It is made clear that the third party applicant shall use
the certified copy only for the purpose mentioned in the Third Party
Application and in accordance with Rule 271 of Bombay High Court
O.S. Rules, 1980, and not to part with the certified copy to any other
third party. Third Party Application is disposed of.
10.04.2026
Addl. Registrar (O.S.) /
Addl. Prothonotary and Senior Master
sbk
