: 1 : 66-11-nms= USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 66 OF 2011 IN SUIT NO. 26 OF 2010 IN PETITION NO. 1042 OF 2009 Nergish Khushru Seniar .. Deceased Mrs. Bakhtawar Meherban Roshanrvan .. Plaintiff v/s. Mr. Cawas K. Senior .. Defendant ......... Mr. Manek Kalyaniwala i/b Mulla & Mulla for plaintiff in support of NMS Ms. Mugdha M. Jadhav for the defendant ......... CORAM : R.Y.GANOO, J DATE : 30th AUGUST, 2011. P.C. : 1. Heard learned Counsel on both sides. 2. The petitioner has filed this petition for letters of administration simplicitor. The caveator is shown as heir of the deceased. The caveator was served with the citation. Hence, caveator filed the caveat and affidavit : 2 : 66-11-nms= in support of the caveat came to be filed in time. Thereafter, this notice of motion has been taken out for dismissal of the caveat. 3. I have heard learned Counsel on both sides. I have also perused the affidavit in support of the caveat. By the said affidavit dated 3rd February, 2010, the caveator is opposing the petition by raising contentions with reference to title of the property. 4. By now, it is well settled that the Testamentary Court dealing with the petitions for letters of administration, cannot go into questions of title. The contentions raised in the affidavit in support of the caveat relate to title to the property. In view of this, the caveat cannot sustain and the same is required to be dismissed. 5. If at all, the caveator is raising questions of title to the property mentioned in Schedule I, Caveator is free to adopt appropriate proceedings. In view of the above, following order is passed. ORDER (i) Notice of Motion is made absolute in terms of prayer clause (a). There shall be no order as to costs. : 3 : 66-11-nms= (ii) Office shall ignore the caveat and proceed further to process the petition in accordance with the provisions of law. If the caveator wants to establish her rights, caveator is free to file appropriate proceedings. Needless to mention that said proceedings will be attended to in accordance with the provisions of law. This Court has not expressed any views on the merits of the matter. There shall be no order as to costs. (R.Y.GANOO, J.)