The Bombay High Court has issued specific directions to officers exercising functions under its Testamentary and Intestate Jurisdiction regarding the issuance of probate grants. The Court held that such officers should no longer make the direction to issue a grant subject to verification of whether any cross petition or caveat has been filed, as this verification must be completed before the order directing issuance is passed.
Justice Abhay Ahuja was hearing an Interim Application seeking rejection of a caveat and a direction to the Prothonotary & Senior Master to issue probate of the last Will and Testament of Mohammedali Abdullah Sabuwala, pursuant to an earlier order dated September 30, 2024. The applicant submitted that despite the order directing issuance of probate, no grant had been issued, while a caveat dated October 7, 2024 and an affidavit in support dated October 15, 2024 had been entertained by the Testamentary department, resulting in the petition being converted into a suit. It was further submitted that the caveator had no interest in the testator's property and that the entire bequest under the will was to a charity.
The Court observed that in almost all grants issued by officers under this jurisdiction, orders directing issuance of the grant in uncontested matters were made with a rider requiring verification of whether any cross petition or caveat had been filed. The Court held that such a rider was unnecessary, stating that the concerned officer, after considering the petition, hearing the petitioner, and ensuring compliance with necessary formalities under the High Court rules, is competent to pass an order directing issuance of the grant without such a condition.
The Court accordingly directed that henceforth, officers should not make the direction to issue a grant contingent on verification of a cross petition or caveat, as this exercise must be undertaken prior to passing such an order. If the officer is not satisfied on this point, the Court observed, it is preferable that the grant not be issued and the matter be referred to the Court for further directions.
Additionally, the Court directed that the date of the grant issued pursuant to an order directing its issuance ought to be the date of the order itself, not the date on which the grant is physically issued. It further mandated that all grants be issued no later than two weeks from the date of the order directing issuance of the grant. The Registry was also directed not to entertain any caveats or cross petitions after such an order, unless specifically directed by the Court to do so.
The specific reliefs sought in the Interim Application were directed to be listed for hearing on August 18, 2026. The case is titled Gulamohamed Roshanali Lakhani v. Mohammed Amin M Shafi Qureshi [Interim Application No. 3677 of 2024 in Caveat in Testamentary No. 205 of 2026 in Testamentary Petition No. 1314 of 2021]. The judgment was delivered on August 17, 2026.