1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.101 OF 2009 IN TESTAMENTARY SUIT NO.39 OF 2009 IN TESTAMENTARY PETITION NO. 972 OF 2006 Jyoti Vijay Bhasin ...Plaintiffs. Vs. Bimladevi B. Rawal and anr ` ...Defendants Ms. Pallavi Divekar, for the Plaintiff. Mr. D.R. Mishra, for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 2nd March, 2010. P.C.- 1. This Notice of Motion is taken by the plaintiff-petitioner; who is claiming to be adopted daughter of the deceased Krishnadevi Tulzarilal Rawal. The defendant, based upon the said petition of probate, filed caveat/affidavit opposing the same. The plaintiff has taken out this Motion on various grounds including raising challenge to the entitlement of benefits which are even otherwise falling within the ambit of second category as contemplated under section 15 of the Indian Succession Act ; whereas the petitioner is claiming to be falling within first category of section 15 of the Act. The second submissions is that the challenge is also raised to the title/ownership as well as right of the deceased to bequeath that property. So far as this part is concerned, it is clear that in probate petition, the Court can not decide and/or declare the issue of 2 title/ownership; but still the point is whether the defendants have caveatable interest in the matter. 2. There is clear averments made in the affidavit in reply to this motion by the defendant and thereby challenge is raised to the adoption deed to the proceeding. In view of this, therefore, unless the issue with regard to the adoption is decided finally the defendants have, therefore, caveatable interest in the matter. Basically when the relationship is not in dispute, therefore, the submissions of learned counsel with regard to the forgery and/or fabrication of the will that itself is a matter of trial and that also can not be decided at this stage. Resultantly in view of above reasons, the Notice of Motion is dismissed. No costs. (ANOOP V. MOHTA, J.)