Bombay High Court Flags Breach of Probate Stay in Bandra Property Dispute, Issues Contempt Notice

Introduction

In a significant reaffirmation of judicial authority and the binding nature of court orders, the Bombay High Court has found a prima facie case of contempt against Marina Manuel Fernandes for allegedly acting in violation of a subsisting stay on a probate granted in her favour. The case arises from a long-standing testamentary dispute concerning a valuable Bandra property, and underscores that any exercise of rights under a stayed probate amounts to contempt of court.

Justice Sharmila U. Deshmukh, sitting on the Original Side of the High Court, issued notice under Chapter VIII of the Bombay High Court (Original Side) Rules, returnable on January 7, 2026.

Factual Background of the Dispute

Grant and Stay of Probate

  • A probate was granted to Marina Manuel Fernandes on November 16, 2017, in respect of the estate of her deceased relative.

  • On February 6, 2023, the Bombay High Court:

    • Stayed the operation of the probate, and

    • Extended the stay to proceedings pending before the Deputy Collector, Suburban Division, Bandra.

  • The stay was passed during the pendency of a connected miscellaneous petition challenging the probate.

Awareness of the Stay Order

The Court recorded that:

  • Fernandes was represented by an advocate at the time the stay was granted.

  • Consequently, she had full knowledge of the subsisting judicial restraint on exercising any rights under the probate.

Acts Alleged to Constitute Contempt

Execution of Power of Attorney

Despite the stay order:

  • Fernandes executed a Power of Attorney on March 13, 2023, dealing with the Bandra property forming part of the deceased’s estate.

Transfer and Possession Documents

Pursuant to the Power of Attorney:

  • Fernandes executed a letter of possession in favour of M/s Track Homes Realities, a real estate firm.

  • The letter stated that the property had been “irrevocably sold and transferred”.

The petitioner contended that these acts amounted to a deliberate invocation of rights flowing exclusively from the stayed probate.

Key Judicial Findings of the Bombay High Court

No Independent Right Outside Probate

The Court categorically held that:

  • Fernandes had no independent title or right in the property.

  • Her authority, if any, flowed solely from the probate, which was under an express judicial stay.

Violation of the Stay Order

Justice Deshmukh observed:

“Despite thereof the respondent by execution of Power of Attorney and letter of possession has prima facie violated the order of 6th February, 2023 by exercising rights under the probate.”

Accordingly, the Court found that:

  • A prima facie case of civil contempt was made out.

Revocation of Probate on Grounds of Fraud

In a parallel and crucial development:

  • The Court revoked the probate granted to Fernandes by a separate order passed on the same day.

  • It held that the probate was obtained by:

    • Concealment of material facts, and

    • False statements made on oath.

This finding significantly aggravates the alleged contempt, as actions were taken not only during a subsisting stay, but under a probate later found to be legally tainted.

Contempt Proceedings Initiated

Issuance of Notice

The Court:

  • Directed issuance of notice to Fernandes under Chapter VIII of the Bombay High Court (Original Side) Rules.

  • Fixed January 7, 2026 as the returnable date.

Appointment of Amicus Curiae

Senior Advocate Aditya Mehta, already assisting the Court, was requested to continue as amicus curiae in the contempt proceedings.

Statutory Framework Involved

Indian Succession Act, 1925

  • Sections 222–227: Probate establishes the executor’s legal authority.

  • A stayed or revoked probate confers no enforceable rights.

  • Any action based on such probate is void and legally unsustainable.

Contempt of Courts Act, 1971

  • Section 2(b) defines civil contempt as:

    “Wilful disobedience to any judgment, decree, direction, order, writ or other process of a court.”

  • Execution of property documents during a subsisting stay squarely falls within this definition.

Bombay High Court (Original Side) Rules – Chapter VIII

  • Governs procedure for initiating contempt proceedings on the Original Side.

  • Empowers the Court to issue notice and examine whether disobedience was wilful.

Constitutional Provisions Implicated

Article 215 – Constitution of India

  • Recognises the High Court as a court of record.

  • Empowers it to punish for contempt of itself.

  • Reinforces the institutional authority of constitutional courts to ensure compliance with their orders.

Relevant Judicial Precedents

Tayabbhai M. Bagasarwalla v. Hind Rubber Industries (1997) 3 SCC 443

The Supreme Court held that:

  • Orders of a court must be obeyed unless set aside, even if alleged to be erroneous.

  • Parties cannot take advantage of self-perceived legal rights in defiance of court orders.

Kanwar Singh Saini v. High Court of Delhi (2012) 4 SCC 307

  • Wilful violation of court orders, even by indirect means, constitutes contempt.

Surjit Singh v. Harbans Singh (1995) 6 SCC 50

  • Any act that tends to undermine the authority of the court interferes with the administration of justice and attracts contempt jurisdiction.

Legal Significance of the Order

This case reiterates critical principles:

  • Probate rights are strictly subject to judicial control

  • Stay orders operate in rem and bind all acts flowing from the stayed instrument

  • Real estate transactions during judicial restraint expose parties to serious legal consequences

  • Knowledge of a stay negates any defence of bona fide action

Conclusion

The Bombay High Court’s order serves as a stern reminder that judicial stays are not symbolic directives but enforceable commands. Any attempt to bypass or dilute them — especially in sensitive probate and property disputes — invites serious contempt consequences. The outcome of the proceedings scheduled for January 7, 2026, will be closely watched, particularly for its implications on estate litigation, probate misuse, and property transactions under judicial scrutiny.

Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts

Father of RG Kar Victim Loses Faith in Legal System Amid Allegations of CBI Inconsistencies

Image
  A Father’s Frustration with the System The father of the 31-year-old postgraduate doctor who was raped and murdered at Kolkata’s RG Kar Medical College on August 9, 2024, has publicly expressed his deep disillusionment with the Indian legal system. In a powerful and emotional statement, he told ANI that the Central Bureau of Investigation (CBI) has presented contradictory reports in two different courts—the Calcutta High Court and Sealdah District Court. “This is not just a failure of investigation—this is a betrayal. Even Supreme Court judges could not believe the differences in what the CBI is saying. We had faith in the agency, but now, we are losing all hope,” he stated. Allegations of Withheld Evidence The father alleged that the CBI is deliberately withholding key details about the case, despite reportedly knowing who the perpetrators are. He believes the answers lie in his daughter’s phone, which the CBI claims it does not possess—an assertion he disputes. According t...
Read more

Bill Gates Applauds India's 'Namo Drone Didi' Program: A Game-Changer in Rural Empowerment and Agri-Tech

Image
Microsoft Founder Bill Gates Lauds India’s Namo Drone Didi Program In a strong endorsement of India’s evolving rural development model, Microsoft founder Bill Gates has praised the Namo Drone Didi initiative, launched in 2023 by the Government of India. The program empowers rural women by training them to operate drones for agricultural purposes, thereby boosting productivity, reducing manual labor, and enhancing socio-economic inclusion. Gates shared a detailed video and blog highlighting his interaction with three "Drone Didis" from Bihar— Sangita Devi , Sumintra Devi , and Kajol Kumari —during his visit to Delhi last month. He applauded the initiative's early success and expressed optimism about its future scalability. What is the Namo Drone Didi Program? Launched under the vision of Prime Minister Narendra Modi, the Namo Drone Didi scheme is part of a broader strategy to promote women-led development and precision agriculture . It aims to provide 15,000 dro...
Read more

Flight Operations Disrupted Amid India-Pakistan Tensions: Air India and IndiGo Cancel Multiple Flights on May 13, 2025

Image
🔹 Flight Cancellations Announced by Air India On Tuesday, May 13, 2025 , Air India officially announced the cancellation of two-way flight operations to and from the following eight airports : Jammu Leh Jodhpur Amritsar Bhuj Jamnagar Chandigarh Rajkot The airline posted a statement on its official X (formerly Twitter) account, stating: "In view of the latest developments and keeping your safety in mind, flights to and from Jammu, Leh, Jodhpur, Amritsar, Bhuj, Jamnagar, Chandigarh and Rajkot are cancelled for Tuesday, 13th May." Air India further assured passengers that they are closely monitoring the situation and will provide timely updates as operations resume in the coming days. 🔹 IndiGo Follows with Six Airport Cancellations Following Air India's decision, IndiGo Airlines also issued a travel advisory cancelling its flight operations for May 13, 2025, at the following six airports : Jammu Amritsar Chandigarh Leh ...
Read more

Your Complete Online Guide to Land Records and Services in Bihar

Image
Introduction: The Shift Towards Digital Land Governance India’s land management system has traditionally relied on manual records maintained at local government offices. While foundational to governance and ownership, this manual system often led to bureaucratic delays, land disputes, and lack of transparency. Recognizing these issues, state governments across India have progressively adopted digital systems to make land-related services accessible, transparent, and efficient. Bihar Bhumi Portal: A Digital Leap in Land Management One of the leading examples of this digital transformation is Bihar’s Bihar Bhumi portal ( https://biharbhumilrc.com/ ), developed and maintained by the Revenue and Land Reforms Department of Bihar . The portal has become a centralized platform providing a wide range of land-related services to citizens, eliminating the need for in-person visits to land offices. Purpose and Vision The key objective behind launching the Bihar Bhumi portal was to empower...
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...
Read more

Rights of a Arrested Person in India

Image
One of the basic and important feature of our legal system in benefits goes to arrested person on the principal of presumption of innocence of the accused person until he/she found guilty at the end of trail on legal evidence. Rights include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trail and the like. In well known case of Meneka Ghandhi v. UOI it was interpreted that the procedure adopted  by the state must be fair, just and reasonable. The certain rights which arrested person need to know are as follows: 1. Right To Silence "it was essentially right to refuse to answer and incriminate oneself in the absence of proper charge. Not initially, the right to refuse to reply to proper charge." the Justice Malimath Committee. The dependent if he so desires can be witness in his trial. His confession in police station is not admissible in court. Only to the magistrate is admissible. The Indian constitution guarantees e...
Read more

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The f...
Read more

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
Read more

Delhi High Court Grants Bail to Former Bank Manager Accused of Defrauding Woman of ₹13 Crores

Image
Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...
Read more

Exploring Articles 236 to 238 of the Indian Constitution: A Contemporary Discourse

Image
Exploring Articles 236 to 238 of the Indian Constitution: A Contemporary Discourse Introduction : The Indian Constitution, as the guiding framework of the nation, is a living document that requires periodic review and adaptation to meet the needs of a rapidly changing society. Articles 236 to 238 of the Indian Constitution pertain to the High Courts in the states and Union territories. In this article, we delve into a discussion surrounding these articles, analyzing their relevance in the modern era, and exploring relevant case laws that highlight their significance in contemporary India. Article 236: Interpretation : Article 236 deals with the interpretation of the provisions related to High Courts in Part VI of the Indian Constitution. In the modern era, this article plays a pivotal role in ensuring that the functioning and jurisdiction of the High Courts are correctly understood and implemented. One of the landmark cases that has shaped the interpretation of this article is the case...
Read more