2025:BHC-OS:14411 2-IA-L-20148-2025(1).DOC Sumedh IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO.20148 OF 2025 IN CAVEAT (L) NO.19816 OF 2025 IN PETITION NO.1131 OF 2025 (i) Ravi Parthasarathy ]

(ii) Dr. (Mrs.) Vishpala Parthasarathy ] … Deceased Rhea Parthasarthy, ] aged 40 years, Hindu, Indian ] Inhabitant of Mumbai, ] Occupation: Housewife, residing at ] 1201/1202, Vinayak Aangan, Old ] Prabhadevi Road, Near VIP Showroom, ] Prabhadevi S.O., Mumbai – 400 025 ]

SUMEDH NAMDEO SONAWANE being the daughter and sole heir of the ]

Digitally signed by SUMEDH NAMDEO deceased above named. ]

SONAWANE Date: 2025.09.03 20:00:31 +0530 In the matter between:

Rhea Parthasarthy, ] aged 40 years, Hindu, Indian ] Inhabitant of Mumbai, ] Occupation: Housewife, residing at ] 1201/1202, Vinayak Aangan, Old ] Prabhadevi Road, Near VIP Showroom, ] Prabhadevi S.O., Mumbai – 400 025 ] being the daughter and sole heir of the ]

deceased above named. ] … Petitioner V/s.

Sonali Nimesh Lokhandwala, ] residing at A-1/7, Satyadarshan CHS, ] Malpa Doongri No.3, Andheri East, ]

Mumbai – 400 093. ] … Caveator And Smruti Co-Operative Housing Society ] Ltd. registered under the Provisions of ] the Maharashtra Co-operative Societies] Act 1960, bearing Registration No. ] Bom/ WHW/ HSG/ TG/ 7881 of 1993- ] 94 having its address at Plot No.20, ] Phirozshah Mehta Road, Santacruz ]

(West), Mumbai – 400 054. ] … Respondent ______________________

Mr. Ankit Lohia a/w Kshitij Madekar, Murari Madekar, Sachin Kudalkar i/by M/s Madekar & Co. for the Applicant/Petitioner Ms. Mamta Sadh a/w Ms. Devika Kakoo i/by Mr. S. G. Lakhani for the Caveatrix.

________________________

CORAM : Kamal Khata, J.

RESERVED ON : 28^th July 2025.

PRONOUNCED ON : 3^rd September 2025.

JUDGMENT:

1. By the present Application, the Applicant inter alia seeks dismissal of the Caveat filed by the Caveatrix in the Petition. The Petition itself seeks grant of Letters of Administration of the Joint Will and Testament dated 4^th November 2018 (Exh.B Page 21 to the Petition) and Joint Codicil dated 31^st May 2019 (Exh.B1 Page 33 to the Petition) of the deceased, who were the adoptive parents of the Applicant-Petitioner.

BRIEF FACTS:

2. The Applicant is the duly adopted daughter of Mr. Ravi Parthasarathy and Dr. (Mrs.) Vishpala Parthasarathy (hereinafter jointly referred to as “the said deceased”). The Order of Adoption is annexed at Exh. A, Page 19 to the Interim Application. They expired on 27^th April 2022 and 6^th November 2023 respectively. The Joint Will dated 4^th November 2018 and a Joint Codicil thereto dated 31^st May 2019 executed by them are hereinafter collectively referred to as “the said Joint Will”. The Applicant is the sole surviving Class I legal heir and next of kin of the said deceased, under the Hindu Succession Act, 1956.

3. The Applicant was constrained to file the Petition seeking grant of Letters of Administration in respect of the said Joint Will of the said deceased because the named executors under the said Joint Will renounced their office as Executors and Trustees of the said Joint Will their communications dated 13^th December 2022 (Exh.C1 Page 63 to the Petition), dated 20^th September 2024 (Exh.C2 Page 65 to the Petition), dated 21^st September 2024 (Exh.C3 Page 66 to the Petition), 4. The Caveatrix claims to be the maternal cousin of the deceased, Dr. (Mrs.) Vishpala Parthasarathy. She filed her caveat in the present Petition on 10^th June 2025, seeking to “be heard” in the matter. Her caveat rests on two grounds: (i) nomination in respect of the flat of Dr. Vishpala Parthasarthy, which was expressly excluded from the said Joint Will; and (ii) a bequest of ₹ 30 lakhs made to her under the said Joint Will.

5. By this Interim Application the Applicant seeks dismissal of the Caveat, on two grounds: (i) the Caveatrix has not challenged the genuineness, existence or validity of the said Joint Will, and (ii) her entire claim is founded only upon an a