IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO.195 OF 2013 IN TESTAMENTARY PETITION NO.214 OF 2012

1. Savita Jeevan Sabnis, Age 38 years, Occu – Service, SWAROOP SHARAD 2. Rahul Jeevan Sabnis, PHADKE Age 18 years, Occu – Student, Digitally signed by SWAROOP Both Hindu Indian Inhabitants SHARAD PHADKE Date: 2025.04.29 of Mumbai, both presently residing

19:56:13 +0530 at, Room No.5, Chawl No.3, Punjab Society, Tagore Road, Santacruz (West), Mumbai – 400 054.

being the Widow and son respectively, of the deceased abovenamed. … PLAINTIFFS VERSUS

1. Sujata Abhay Sabnis, Residing at Flat No.1A, Ground Floor, Gomantak Society, Paranjpe ‘B’

Scheme, Hanuman Road, (Road No.1), Near Mahila Sangh School, Vile Parle (E) Mumbai – 400 057.

2. Nilima Subhash Rege, Residing at Flat No.1A, Ground Floor, Gomantak Society, Paranjpe ‘B’

Scheme, Hanuman Road, (Road No.1), Near Mahila Sangh School, Vile Parle (E) Mumbai – 400 057. … DEFENDANTS Mr. Nirman Sharma with Mr. Girish Kedia, Ms. Priyanka Choudhary, Mr.

Paresh Parekh, for Plaintiffs.

Mr. Prabhu Velar with Mr. Joel D’Souza, for Defendants.

CORAM : N.J.JAMADAR, J.

RESERVED ON : 16 DECEMBER 2024 PRONOUNCED ON : 29 APRIL 2025

JUDGMENT :

1. This is a suit for grant of Letters of Administration to the property and credits of Jeevan Mangesh Sabnis (deceased).

2. The material averments in Petition No.214 of 2012, which came to be converted into a Testamentary Suit, upon contest, read as under :

2.1 Savita Jeevan Sabnis (P1) claimed to be the wife of the deceased. Their marriage was solemnized on 23 May 2006 as per Hindu Vedic Rites. The marriage was registered under the Special Marriage Act, 1954. Prior to her marriage with the deceased, Plaintiff No.1 was a divorcee. The deceased had no issue out of the wedlock with the Plaintiff No.1. Rahul Jeevan Sabnis (P2) was born to Plaintiff No.1 by her quondam husband.

2.2 The Plaintiffs claimed, after the marriage of Plaintiff No.1 with the deceased, Plaintiff No.2 became the son of the deceased. The change in name of the Plaintiff Nos.1 and 2, post marriage of Plaintiff No.1 with the deceased, has been notified and published in the Government Gazette. The deceased was working with Food and Civil Supplies Department, Mantralaya, Mumbai. He passed away on 26 November 2010.

2.3 According to the Plaintiffs, apart from Plaintiff Nos.1 and 2, Sushila Mangesh Sabnis, mother of the deceased, who passed away on 29 October

2012, was the legal heir of the deceased in accordance with the provisions contained in Hindu Marriage Act, 1956.

2.4 The Plaintiffs asserted, after the demise of Jeevan, late Sushila, mother-in-law of the Plaintiff No.1, by taking undue advantage of her nomination, made attempts to usurp the properties of the deceased. Hence, the Petition for grant of Letters of Administration in respect of the properties and credits of the deceased. Plaintiff Nos.1 and 2, thus, claimed 1/3 share each in the estate left behind by the deceased.

2.5 In the statement of claim (Exhibit E), the Plaintiffs have shown the flat situated at Flat No.1A, Ground Floor, Gomantak Society, Paranjpe ‘B’ Scheme, Hanuman Road, (Road No.1), Near Mahila Sangh School, Vile Parle (E) Mumbai – 400 057 (Gomantak Flat), terminal benefits due and payable by the Food and Civil Supplies Department, Mantralaya, Mumbai, the amount standing to the credit of the bank accounts of the deceased and the securities standing to the credit of the account of the deceased in DPID No.12011700 with Dalal and Broacha Stock Broking Pvt. Ltd., valued at Rs.22,04,281/- as of 23 January 2011.

3. Sujata Abhay Sabnis, widow of Abhay Sabnis, the brother of the deceased and Nilima Subhash Rege – Defendant No.2 and the sister of the deceased, entered caveats. Defendant Nos.1 and 2 resisted the prayer of the Plaintiffs to grant Letters of Administration to the properties and credits of the deceased. The substance of the resistance putforth by the Defendants can be summerised as u