HC flags breach of Bandra probate stay, issues notice

Justice Deshmukh held that a prima facie case of contempt was made out and directed that notice be issued to Fernandes

MUMBAI: The Bombay High Court has found a prima facie case of contempt against Marina Manuel Fernandes for acting in violation of a subsisting stay on a probate granted in her favour, holding that she had knowingly exercised rights flowing from the stayed probate by executing documents related to a Bandra property in favour of a real estate firm.

HC flags breach of Bandra probate stay, issues notice

Justice Sharmila U Deshmukh, while hearing a contempt petition arising from a long-running testamentary dispute, recorded that the court had, by an order dated February 6, 2023, stayed the operation of the probate granted to Fernandes on November 16, 2017. “The stay also extended to proceedings before the deputy collector, suburban division, Bandra, pending disposal of a connected miscellaneous petition.

Despite the subsisting stay, Fernandes executed a Power of Attorney on March 13, 2023, dealing with the property. The petitioner placed on record that pursuant to the Power of Attorney, Fernandes also executed a letter of possession in favour of M/s Track Homes Realities, stating that the property — forming part of the deceased’s estate — had been “irrevocably sold and transferred” by her.

The court noted that when the stay was granted, on February 6, 2023, Fernandes was duly represented by an advocate and was therefore fully aware of the order. It further observed that Fernandes had no independent right in the property except under the probate, which had been expressly stayed by the court.

Significantly, by a separate order passed on the same day, the court revoked the probate earlier granted to Fernandes, holding that it had been obtained by concealment of material facts and false statements made on oath.

The court also held that the execution of the Power of Attorney and the letter of possession after the stay order was given, amounted to a violation of the court’s directions. “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,” the court observed.

Accordingly, Justice Deshmukh held that a prima facie case of contempt was made out and directed that notice be issued to Fernandes under Chapter VIII of the Bombay High Court (Original Side) Rules, returnable on January 7, 2026. The court also requested amicus curiae Aditya Mehta to continue assisting the court in the matter.

The contempt petition has been listed for further consideration on January 7.