1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION SUIT NO. 70 OF 2007 IN PETITION NO. 177 OF 2007 Bharat Ashwinkumar Manek. ... Plaintiff. V/s. Smt. Manisha Satish Kapadia. ... Defendant. Ms. A.B. Kapadia i/b. Daphtary Ferreira & Divan for the Plaintiffs. None for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 9th DECEMBER 2009. P.C. :- When the matter was placed for framing issues today with the assistance of Ms. Kapadia, I have perused the Caveat of Manisha Satish Kapadia. The Caveatrix and her Advocate were absent on 2nd December4 2009. They are absent today also. 2. The Caveatrix has filed an affidavit in support of this Caveat, wherein she states that she is the only daughter of the deceased Madhusudan G. Manek. In paragraph 3 of the affidavit in support of the Caveat, the Caveatrix states that few days before the death of the deceased, he had told her that he made a new Will in which all children would get equal shares. This is her version after the meetings with the brothers and sisters. In the subsequent paragraphs as well, 2 she states she was to get details of her father’s moveable properties which are not included according to her in the Petition. She is also referring to some flat and some draft deeds of family settlement. In the entire affidavit she does not challenge the Will but seeks protection of her share as a beneficiary. I do not see how such statements in the affidavit in support of the caveat would result in a contest before the Testamentary Court. The jurisdiction of the Testamentary Court being limited and no issue of right, title or interest to property can be adjudicated upon or decided, then, this Caveat cannot result in a contest in so far as the probate of the last Will and Testament of the deceased. There is no challenge to the Will nor is there any plea raised about its execution not being in accordance with law. For all these reasons, the Office to treat these proceedings as uncontested and proceed to issue the grant. However, mere issuance of such a grant will not affect the right, title and interest of the Caveatrix in the properties and claims in that behalf are kept open. (S.C. DHARMADHIKARI,J.)