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Vaibhav Pramod Nikale (Third Party ... vs Pradeep Kesiiav Hire
2026 Latest Caselaw 1728 Bom

Citation : 2026 Latest Caselaw 1728 Bom
Judgement Date : 16 February, 2026

[Cites 0, Cited by 0]

Bombay High Court

Vaibhav Pramod Nikale (Third Party ... vs Pradeep Kesiiav Hire on 16 February, 2026

2026:BHC-OS:4331

         ary                                      Before: Smt. P. P. Bhaidkar,
                                                          Addl. Registrar (O.S.) /
                                                          Addl. Prothonotary and Senior Master

                                                  Date : 16th February, 2026.
                                   CALLED FOR DIRECTION:
               3. TPAC(L)/37143/2025 ) Ms. Anushka Deshmukh, Advocate for the third
                         in          ) party applicant.
                    TP/3267/2024     )
                                       Mr. Rohit Kurmi, Advocate for Orig. Petitioner.
                                              )
                                              )
                                              ) P.C.:   1. This Third Party Application is filed by one
                                              )         Vaibhav Pramod Nikale for obtaining certified
                                              )         copy of Grant of Letters of Administration
                                              )
                                              )         issued in Testamentary Petition No. 3267 of
                                              )         2024. It is stated in the Affidavit in support
                                              )         of third party application that the widow of
                                              )
                                              )
                                                        the deceased, Nalini Keshav Hire has
                                              )         executed a registered gift deed dated
                                              )         31.12.2021 in favour of the third party
                                              )
                                                        applicant. It is stated that after the death of
                                              )
                                              )         Keshav Shankar Hire, Nalini has become the
                                              )         lawful owner of the property viz. Flat No.
                                              )         A/17 at Nav-Abhay Co-op. Housing Society
                                              )
                                              )         Ltd., Mulund (West), Mumbai. It is stated in
                                              )         the Affidavit that the aforesaid Testamentary
                                              )         Petition was filed in respect of the estate of
                                              )
                                                        Keshav Shankar Hire by the Petitioner, falsely
                                              )
                                              )         claiming to be his son and legal heir. It is
                                              )         stated that without the knowledge of the
                                              )         third party applicant or consent, the aforesaid
                                              )
                                              )         Petition is filed for Letters of Administration.
                                              )
                                                        2. The Orig. Petitioner has filed reply to the
                                              )
                                              )         third party application, inter alia, denying the
                                              )         statements and averments made in the
                                              )         Affidavit in support of the third party
                                              )
                                              )         application. It is stated in the Affidavit in
                                              )         reply that since the year 1990, the said Nalini
                                              )         Keshav Hire, considered the Petitioner as her
                                              )
                                                        only son, as the Petitioner was taking care of



                   ::: Uploaded on - 16/02/2026                         ::: Downloaded on - 16/02/2026 20:37:34 :::
                                )            the deceased Nalini Keshav Hire. It is further
                               )            stated that the said Gift Deed dated
                               )
                               )            31.12.2021 was never discussed or the
                               )            applicant never made a single whisper of the
                               )            same with the Petitioner at any time.
                               )
                               )            3. The Ld. Advocate for the third party
                               )
                                            applicant    tenders     Rejoinder    dated
                               )
                               )            13.02.2026, which is taken on record.
                               )
                               )            4. Since, there is a registered Gift Deed in
                               )            the name of the third party applicant in
                               )            respect of aforesaid immovable property,
                               )
                               )            which is shown in the Schedule of the
                               )            Testamentary Petition, and as the third party
                               )            applicant intends to protect his ownership
                               )
                                            right in respect of aforesaid flat, in my
                               )
                               )            opinion, the third party applicant has shown
                               )            sufficient cause for issuing certified copy of
                               )            Grant of Letters of Administration in
                               )
                               )            aforesaid Testamentary Petition No. 3267 of
                               )            2024.      The third party application is,
                               )            therefore, allowed. Office to issue certified
                               )
                               )
                                            copy of Grant of Letters of Administration to
                               )            the third party applicant, on payment of
                               )            necessary charges.
                               )
                               )            5. 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, and not to
                               )
                               )
                                            part with the certified copy to any other third
                               )            party.
                               )
                               )            6. Third Party Application is disposed of.
                               )            Order accordingly.
                               )

16.02.2026

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

 
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