1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.91/2008 IN TESTAMENTARY SUIT NO.57/2008 IN TESTAMENTARY PETITION NO.569/2008 Vidhya Dayanand Pai. ..Petitioner -VERSUS- M/s Bhagashirwad Investments Pvt.Ltd.. ..Respondent ............... Mr.Laxman Venkatesan, Advocate for the Petitioner. Mr.Vineet Naik i/b Joy Legal Consultants, for the Respondent. ............... CORAM: A.P.DESHPANDE, J. Dated 30th June, 2009 & 10th July, 2009. PC:- 1 The Notice of Motion is taken out by the Petitioner for discharge of caveat filed by the Caveator which is a private limited Company. It is an admitted position that none of the Directors of the said Company are any way related to the deceased who has executed the Will. The Caveator claims that the Company is landlord in regard to one of the premises which has been disposed of under the Will and thus, the Caveator is questioning the title of the deceased/testator to a part of the estate left behind by him. It is settled position in law that no one who is disputing and/or denying the title of the testator can maintain a caveat. The Caveator has no 2 caveatable interest in the estate of the deceased, hence, the Caveat challenging the title of the Testator cannot be maintained. 2 In that view of the matter the Notice of Motion is allowed. The Caveat is discharged. It is needless to observe that the Caveator/Respondent would be free to approach the appropriate Court for claiming relief relating to the title of the immovable property. Jurisdiction of this Court is very limited and the same is to the extent of examining the genuineness of the Will and all the questions of title fall outside the purview of jurisdiction of this Court. JUDGE kps 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO.91/2008 IN TESTAMENTARY SUIT NO.57/2008 IN TESTAMENTARY PETITION NO.569/2008 Vidhya Dayanand Pai. ..Petitioner -VERSUS- M/s Bhagashirwad Investments Pvt.Ltd.. ..Respondent ............... Mr.Laxman Venkatesan, Advocate for the Petitioner. Mr.Vineet Naik i/b Joy Legal Consultants, for the Respondent. ............... CORAM: A.P.DESHPANDE, J. Dated 30th June, 2009 PC:- Notice of Motion is allowed. Caveat is discharged. Reasons to follow. JUDGE