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Bombay High Court
Narendra Ishwarlal Rajgor (Caveator) vs Usha Chetan Rajgor on 20 February, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:4752
14. IAL-37662-2025.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO. 37662 OF 2025
IN
CAVEAT NO. 48 OF 2026
IN
TESTAMENTARY PETITION NO. 3081 OF 2025
WITH
WILL NO. 1181 OF 2025
Laxmi Chetan Rajgor alias
Laxmiben Ramesh Rajgor .. Deceased
Usha Chetan Rajgor Applicant
.. (Org. Petitioner)
IN THE MATTER BETWEEN:-
Usha Chetan Rajgor .. Petitioner
Versus
Narendra Ishwarlal Rajgor .. Caveator
WITH
TESTAMENTARY SUIT NO. 45 OF 2026
IN
TESTAMENTARY PETITION NO. 3081 OF 2025
....................
Mr. Priyank P. Kulkarni i/by Mr. Hardik Shah, Advocates for
Applicant - Org. Petitioner
Mr. Suraj Naik i/by Mr. Atmaram Patade, Advocate for Caveator
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 20, 2026
P. C.:
1. Heard Mr. Kulkarni, learned Advocate for Applicant - Org.
Petitioner and Mr. Naik, learned Advocate for Caveator.
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14. IAL-37662-2025.odt
2. Present Interim Application is filed for dismissal of the Caveat.
Caveator is the brother of husband of the deceased. Petition is filed
for issuance of grant i.e. Letters of Administration with Will annexed
in respect of the property and credits of deceased Laxmi Ramesh
Rajgor alias Laxmiben Ramesh Rajgor. The deceased has bequeathed
50% of her right, title and interest in the immovable property to
Petitioner who is the daughter-in-law of the deceased. Registered copy
of the Will is appended at page No. 35 of Petition. I have perused the
same.
3. Caveat is filed on the premise that subject property belonged to
the deceased on the basis of succession received from the estate of
one late Ms. Javerbai Ishwarlal Rajgor who had in all 9 children i.e. 4
sons and 5 daughters.
4. Learned Advocate for Caveator would submit that deceased
Laxmi is wife of one of the son of late Javerbai i.e. daughter in law.
According to the Caveator, subject property bequeathed in the Will
belongs to the estate of late Javerbai and is required to be apportioned
to the extent of 1/9th share each and therefore bequeathal of the same
in favour of Petitioner has been challenged.
5. Prima facie it is seen that there are no proceedings taken out
whatsoever by the Caveator in respect of seeking apportionment of the
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shares of respective legal heirs of late Javerbai. The only civil
proceedings which has been filed by the Caveator is a Suit after the
demise of deceased bearing Suit No. 1948/2024 in the Civil Court
seeking declaratory relief in terms of the alleged share claim of
Caveator and partition of the subject property. Suit is field in 2024. I
am informed that Exh. 5 Application has already been filed but the
Caveator has not been able to procure any interim relief therein.
Merely on the basis of averments and grounds which are stated in the
affidavit in support of the Caveat which are not supported and
substantiated by any cogent and relevant material, the Caveat is prima
facie not maintainable. Even otherwise Caveator has himself stated in
the affidavit in support of the Caveat that he is only concerned about
his 1/9th share in the immovable property belonging to the deceased.
The claim of Caveator emanates from the substantive right of
predecessor-in-title of the deceased and to that extent, Caveator has
not taken any steps whatsoever. Merely by stating that the Will is
bogus, fabricated and forged in the additional affidavit in support filed
by the Caveator does not make out any case whatsoever on behalf of
the Caveator when substantive right of the Caveator is required to be
espoused with regard to the Caveator's right and share in respect of
the subject immovable property. What is more intriguing is the fact
that Caveator himself categorically states that he has no objection if
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the Will is propounded by the Petitioner which prima facie implies that
he is not doubting the genuineness and correctness of the Will of the
deceased. This issue involves claim of title / partition / shares and
cannot be dealt with by this Court in the present proceedings.
Caveator is therefore required to approach the Civil Court and obtain
appropriate orders with respect to Caveator's alleged share in
accordance with law. Keeping all contentions of the Caveator open,
Caveat is dismissed. Interim Application stands allowed.
6. It is made clear that this order shall not affect the Suit
proceedings filed by the Caveator.
7. Department shall proceed further with issuance of grant in
accordance with law.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.02.20
18:36:57 +0530
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