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Bombay High Court
Geeta Prabhu Motwani vs Prabhu Uttamchand Motwani (Deceased) on 27 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
3.IAL.5610.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION (L) NO. 5606 OF 2026
WITH
INTERIM APPLICATION (L) NO. 5610 OF 2026
IN
TESTAMENTARY PETITION (L) NO. 5606 OF 2026
Prabhu Uttamchand Motwani .. Deceased
Geeta Prabhu Motwani .. Petitioner
....................
Mr. Jatin Sehgal a/w. Devna Soni, Mr. Kunal Vaishnav, Mr. Yash
Badkur and Rehaan Shaikh, Advocates for Petitioner.
Mr. Douglas Lopez, Advocate for Respondent.
....................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 27, 2026.
P.C.:
1. Heard Mr. Sehgal, learned Advocate for Petitioner and Mr.
Lopez, learned Advocate for Respondent.
2. In the present matter, Petitioner is the wife of the deceased.
Deceased expired on 26.04.2025 leaving behind his wife (Petitioner)
and two children who are major and residing in United States of
America.
3. Mr. Sehgal, learned Advocate at the outset informs the Court
that Petitioner is in the process of obtaining the consents of children
which shall be filed in due course.
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4. The antagonist in the present case is the mother of the
deceased. It is the case of the Petitioner that 30 properties (15
immovable and 15 immovable), details of which are given in the
Interim Application and Petition are fully under the control of
Respondent - mother. This statement rather submission is refuted by
the Mr. Lopez, learned Advocate who has entered appearance on
behalf of Respondent - mother. Mr. Lopez, learned Advocate is
permitted and directed to file Vakilpatra on behalf of Respondent -
mother in the Department. Department shall accept the same.
5. Mr. Sehgal would draw my attention to the fact that since
the properties alluded to herein above and details of which are given in
the Interim Application and Petition are under the exclusive control of
the mother, which the Petitioner has been able to show on the basis of
ITR returns which have been filed albeit relating only in respect of 2
out of the 15 immovable properties according to Mr. Lopez, he would
persuade the Court to pass appropriate injunctive directions so as to
preserve the status of the said properties. Though Mr. Lopez on
preliminary instructions has addressed the Court, it would be
appropriate if a detailed Affidavit-in-Reply is filed by the mother, inter
alia, in regard to the subject properties by giving all relevant necessary
details including the timeline and source of acquisition of funds for
holding, acquiring and possessing the said properties. Such Affidavit-
in-Reply is directed to be filed within a period of two weeks from
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today.
6. Needless to state that if Respondent - mother desires to deal
with any of the properties she shall seek leave of the Court with
advance notice to the Advocate for Petitioner. Liberty to apply to the
Court is granted to that extent.
7. Until the Affidavit-in-Reply is filed and for a further period of
one week therefrom to enable the Petitioner to file Rejoinder,
Respondent - mother is directed to maintain status quo of the
properties, however if she desires to deal with them by giving advance
notice to Petitioner, this Court can undoubtedly pass appropriate
orders.
8. Needless to state that in so far as preservation, augmentation
and protection of the subject properties is concerned, Respondent -
mother shall be entitled to pay the maintenance charges / taxes /
outgoing and/or any other charges to ensure that the said immovable
properties are kept in good condition. If the leave and license
agreements are due for renewal, leave of the Court shall be obtained
for further renewal with advance notice to the Petitioner's Advocate.
Status quo of the movable properties shall be maintained and complete
disclosure shall be made as directed.
9. If there are any other properties besides those which are
disclosed by the Petitioner which belong to deceased, Respondent -
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mother shall also disclose the same with all necessary details.
10. Affidavit-in-Reply is directed to be filed within two weeks
from today. Rejoinder be filed within one week thereafter.
11. Stand over to 17th April, 2026 at 03:00 p.m..
[ MILIND N. JADHAV, J. ]
Ajay
AJAY AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.03.27
18:31:11 +0530
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