1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 53 OF 2009 IN PETITION NO. 310 OF 2000 Smt. Veerawali Anand ..Deceased Smt. Ranjitkaur T. Kohli ..Petitioner And Mr. Kulwantsingh Budhsingh Anand ..Applicant versus The City Survey Officer, Bandra, Mumbai ..Respondent Ms. G. Bhagwat i/b. M/s. Divekar & Co. for Applicant. None Respondent. CORAM : DR. D. Y. CHANDRACHUD , J. DATED : 10TH JULY, 2009. P.C. : 1. The learned Advocate appearing on behalf of the Applicant states that the City Survey Officer, Bandra, Mumbai, has been served and undertakes to file an Affidavit of Service within a period of one week from today. 2. The Testamentary Petition was filed in this Court for obtaining Probate of the Will dated 31st July, 1999 of Smt. Veerawali Budhsingh Anand. The Testatrix died on 11th August, 1999. The Applicant is the son of the deceased. Under the Will, the sole executrix was Smt. Ranjit Kaur 2 Kohli – the daughter of the deceased and the sister of the Applicant. The Petition came to be instituted by her. Probate was granted on 1st November, 2000. The sole executrix died on 5th July 2000. Under the terms of the Will all the movable and immovable properties of the testatrix were to be held by her husband during his lifetime; the husband having only a right to the income earned from the property with no right to transfer or relinquish it. After the lifetime of the husband, the property was bequeathed to the Applicant. The Applicant’s father – the husband of the testatrix – died on 13th October, 2005. The Applicant is the sole beneficiary under the Will dated 31st July, 1999. 3. One of the property is forming a part of the estate is a half undivided share of the deceased in certain immovable property bearing Plot No. 636, T.P.S. No. III, Final Plot No. 1/174 admeasuring 1270.09 sq. meters situated at 7th Road, Khar (West), Mumbai 400 052. The property is stated to be mentioned at Item 8 of the Schedule of Assets. The Applicant submitted an application to the City Survey Officer, Bandra, for incorporating his name in place of the deceased in pursuance of the Probate. The City Survey Officer, has by his letter dated 21st October 2008, called upon the Applicant to produce a Deed of Transfer from the executor to the Applicant. The Applicant has submitted that it is not possible to comply with this requirement since the executor has died. A mutation is sought to be 3 carried out on the basis of the Probate granted by this Court. 4. Having regard to all the circumstances more particularly narrated hereinabove there is no reason why a direction should not be issued as prayed, to the City Survey Officer, to incorporate the name of the Applicant in the Property Record of the immovable property in question in place of the deceased, on the basis of the Probate granted by this Court. The Notice of Motion is made absolute in terms of prayer clause (a), which reads as follows: “a) that the Respondent be directed to incorporate the name of the Applicant in the Property Record of immovable property with the building thereon in Plot No. 636, TPS No. III, Final Plot No. F/174 admeasuring 1270.09 sq. mtrs. situated at 7th Road, Khar (West), Mumbai 400 052 in place of deceased Smt. Veerawali Anand on the basis of Probate granted in the present Petition without requiring execution of any Deed of Transfer by the Executrix in favour of the Applicant;” 5. The relief that has been granted in terms of prayer clause (a) above, it is clarified, is subject to the Applicant complying with all the requirements which may be specified in accordance with law by the City Survey Officer. (DR. D. Y. CHANDRACHUD, J.)