Allowed

Sonal (Heena) Hitesh Doshi and 4 Others v. Nilesh (Naresh ) Pravichandra Parekh

Bombay HC16 Feb 2015MPT/19/2015

Case brief

AI extract

What is this about?

The court granted a miscellaneous petition to discharge the sole executor appointed under a testamentary will and appointed five petitioners as executrixes and trustees to act jointly, clarified to act by simple majority.

What did the court decide?

Discharge of respondent as executor and appointment of five petitioners as executrixes and trustees to act jointly with authority exercised by simple majority.

Sonal (Heena) Hitesh Doshi and 4 Others Vs Nilesh… — Succession and Inheritance | Bombay HC (2015)

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13-MPT19-15.DOC

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Agk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 19 OF 2015

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Sonal (Heena) Hitesh Doshi & 4 Ors.…Petitioners
Versus
Nilesh (Naresh) Pravinchandra Parekh…Respondent

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Mr. S.R. Tejpal , i/b Tejpal & Co., for the Petitioners.

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CORAM: G.S. PATEL, J DATED: 16th February 2015

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PC:-

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1. Heard Mr. Tejpal, learned Advocate for the Petitioners.

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2.For the reasons set out in the Petition and in view of the
consent by all five Petitioners at Exhibit “D” to the Petition, the
Petition is made absolute in terms of prayer clauses (a) and (b). Mr.
Nilesh (Naresh) Pravinchandra Parekh is discharged as executor of
the last Will dated 7th August 2009 of Vinayakant Gandhi who died
at Mumbai on 17th February 2014. In his place and stead, the five
Petitioners are appointed Executrixes and Trustees to act jointly.

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3.Under the terms of the Will, Mr. Parekh was the sole
executor. Now that there are five executrixes and trustees, provision

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13-MPT19-15.DOC

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must be made for the manner in which they are to act. If they are
called on to act jointly, there is a possibility of a delay in the
administration of the estate, in as much as the consent of all five
will be required for every act. Equally, it would be unwise and
unsafe to allow them to act severally, i.e., such that any one of them
would have the implicit authority to represent and bind the other
four. For this reason, it is clarified that the five executrixes will act
by simple majority in all decisions to be taken regarding the estate
and Will of Vinayakant Gandhi.

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4. All concerned to act on an authenticated copy of this order.

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(G. S. PATEL, J.)

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Sonal (Heena) Hitesh Doshi and 4 Others v. Nilesh (Naresh ) Pravichandra Parekh

Case brief

What is this about?

What did the court decide?

Sonal (Heena) Hitesh Doshi and 4 Others v. Nilesh (Naresh ) Pravichandra Parekh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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