Quick Summary: The Bombay High Court recently dealt with a complicated family argument over the property of Girdharlal Nathubhai Dalal, involving two conflicting wills. The decision explained the roles of regular courts and special courts that deal with wills in managing estates.
The case involved Bharat Kantilal Dalal (the person who brought the case) and Surendra Kantilal Dalal along with 32 others (the people being sued). The main issue was managing Girdharlal Nathubhai Dalal's property, with two wills in question: one from 1994 and another from 2012.
Bharat Kantilal Dalal claimed the 1994 will was the last valid one, naming him as the person responsible for carrying out the will. However, Surendra Kantilal Dalal, represented by Chetan Dalal, argued a 2012 will replaced the earlier one. This newer will was already submitted to the court for approval.
"The person who brought the case has shown... the person who submitted the application has put forward a Will dated 21st May, 2012 along with changes..."
Executor's Role: Mr. Haresh Jagtiani, representing Surendra Kantilal Dalal, argued that the person responsible for the will must manage the estate according to the will once it is approved by the court. He mentioned several past cases to support the idea that only the special court dealing with wills can decide if a will is valid.
Civil Court's Jurisdiction: Mr. Karl Tamboly, for Bharat Kantilal Dalal, argued that while the special court decides if a will is valid, the regular court can handle managing the estate. He pointed out the difference between proving a will and managing an estate.
On January 8, 2026, Justice R.I. Chagla decided that the regular court could indeed handle the management of the estate, separate from the special court's role in approving the will.
"The question of managing the Estate... is to be decided by the Regular Court and not by a Special Court for Wills."
Bharat Kantilal Dalal's alternative request was to manage the estate as if there was no will, should both wills be found invalid. The court found this allowed, as alternative legal requests are permitted when facts are consistent.
The request to dismiss Bharat Kantilal Dalal's case was denied, allowing both the regular court case and the special court proceedings to continue. A temporary hold on the order was granted for four weeks to allow for possible appeals.
"The current Notice of Motion No. 954 of 2019 is therefore rejected."
This decision highlights the challenges of estate disagreements, especially when there are multiple wills, and clarifies the different roles of regular and special courts in these situations.
