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 befo...