The Court dismissed a Notice of Motion seeking appointment of a receiver in a Testamentary Petition for Letters of Administration, holding such reliefs belong in an Administration Suit and the petition will be considered alongside it due to disputes between heirs.
No order on the Notice of Motion. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
nm-78
1
PGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Notice of Motion No.78 of 2010
IN
Testamentary Petition No.555 of 2010
Divya Gupta widow of Gautam Gupta &
ors.......Petitioners
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 sons 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 a Testamentary Petition.2 nm-78
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.)
Divya Gupta
Heirs of the deceased
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court