Application for appointment of a Court Receiver in an intestacy case was dismissed. The Court held such reliefs belong in an Administration Suit, and the Testamentary Petition will be considered alongside that suit due to disputes among heirs.
No order on the Notice of Motion. No order as to costs.
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nm-77
PGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Notice of Motion No.77 of 2010
IN
Testamentary Petition No.557 of 2010
Divya Gupta widow of Gautam Gupta &
ors.......Petitioners
Nirmal Gupta & ors.......Respondents
Ms.Kranti S. Anand i/by Angeline Rodrigues for Petitioners.
Mr.Bhupesh V. Samant for Res.Nos.5 & 6.
Mr.E.R.Naik for Res.No.1.
Ms.A.A. Walawalkar for Res.No.7.
Ms.T.A. Athawale for Res.No.8.
CORAM : SMT.ROSHAN DALVI, J.
DATED : 13th September, 2010
P.C. :
1.This Application is taken out by the Applicants who are the grandchildren of the deceased, who died intestate on 1.1.2008 and for whose estate the Petition for Letters of Administration is filed. The Applicants have applied for relief of appointment of Court Receiver and the usual injunctions and directions. These reliefs can be applied for in an Administration Suit and not by way of a Notice of Motion in a2 nm-77
Testamentary Petition. Hence there shall be no order
on this Notice of Motion. No order as to costs.
2.However, it may be mentioned that the Testamentary
Petition of the kind that this Petition is for Letters
of Administration of the estate of the deceased, who
has died intestate would also not be able to be granted
in view of serious disputes between the heirs of the
deceased with regard to the estate of the deceased,
The Petition itself is for grant of Letters of
Administration of the estate of the deceased who died
intestate. The Petition itself shall be considered
after or along with the Administration Suit.
( SMT.ROSHAN DALVI, J.)
2 issues framed by the court
Whether an Administration Suit is the proper forum for appointment of a Court Receiver instead of a Testamentary Petition.
Whether a petition for Letters of Administration can be entertained when serious disputes exist among heirs.
Divya Gupta
Nirmal Gupta
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court