1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Testamentary Suit No.63 of 2003 IN Testamentary Petition No.595 of 2003 Mr.Dhirendra V. Sheth through his legal heirs Jayesh Dhirendra Sheth & ors. .. .. Plaintiffs v/s. Arvind V. Sheth .. .. .. Defendant Mr.G. Paryani for Plffs. Mr.Kunal Damle i/by Mr.Sanjay Gawde for Deft./Caveator. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 9th July, 2010 P.C. : 1.The Petition has been filed since 2003. The caveat has been filed since November 2003. On the basis of the caveat, the Petition has been converted into this Testamentary Suit. 2.The case made out in the caveat for not granting the Letters of Administration is that the caveator Arvind V. Sheth propounds the Will of the deceased testatrix. No Petition for grant of probate of that Will has been 2 filed. The deceased died on 27.7.1999. The Will sought to be propounded is dated 1.12.1994. The caveator has not applied for probate since 1999 or even soon after this Petition for Letters of Administration came to be served upon the caveator. 3.It is an admitted fact that the Petitioner is the brother of Arvind V. Sheth and the son of the testatrix. The other caveators shown in the caveat are the other children and the children of the deceased child of the testatrix. In the absence of any Will of the testatrix, the Letters of Administrator shall have to be granted. 4.For the caveator to allege and state in support of the caveat that a Will has been executed and not apply for probate of the Will for 7 years, the Letters of Administration cannot be held up. The application of the caveator is an abuse of Court process. 5.Consequently, the caveat is dismissed. The Petition for Letters of Administration shall have to be granted to the Petitioner who is admittedly one of the sons of the deceased testatrix. Order accordingly. 6.The suit is disposed of accordingly. No order as to costs. (SMT.ROSHAN DALVI, J.) 3