This petition is misconceived inasmuch as the appropriate remedy for the petitioner is to file appropriate application for probate or succession certificate. If such an application is filed, the appropriate court shall consider the same in accordance with law within a period of three months from the date of receipt of the writ of the application. It is clarified that the amount lying shall be considered as deposit and interest shall accrue as per the rates of a fixed deposit subject to the final outcome of the application. Petition stands disposed of accordingly. Notice is discharged.
(K.S.
JHAVERI, J.) Divya// Top