Gibson Manuel Dsouza v. Armstrong Joseph Dsouza
Case brief
What is this about?
Two appeals challenging the Single Judge's order dismissing petitions to revoke Letters of Administration. The High Court held that Letters of Administration with a Will do not confer title and dismissed the appeals, directing civil suits for title disputes.
What the court decided
1
skc
15-APP-548-APLL-834-15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 548 OF 2015 IN MISC. PETITION NO. 120 OF 2015 IN TESTAMENTARY PETITION NO. 1838 OF 2014
Shri Gibson Manuel D'souza .. Appellant versus Armstrong Joseph D'souza .. Respondent
WITH APPEAL (L) NO. 834 OF 2015 IN MISC. PETITION (L) NO. 650 OF 2015 IN TESTAMENTARY PETITION NO. 1838 OF 2014 WITH NOTICE OF MOTION (L) NO. 3653 OF 2015
Peter John D'Souza & Ors. .. Appellants versus Armstrong Joseph D'souza .. Respondent
Mr. Aspi Chinoy – Senior Advocate with Mr. Milind Sathe – Senior Advocate with Mr. Kamlesh Gumbre, B. A. Rumad, Mr. Hemant Ghadigaonkar i/b. Sonali Jadhav for Appellants. Mr. Vincent D'Silva for Respondent.
CORAM: DR. MANJULA CHELLUR, C. J. AND M. S. SONAK, J. DATE : 14 SEPTEMBER 2016
P.C.:
Issues for consideration
3 issues framed by the court
Whether Letters of Administration with certified copy of Will annexed confer title to property or are misused by the respondent.
Whether the order clarifying that Letters of Administration do not determine title warrants revocation.
Whether the appellants have any caveatable interest given prior clarification by the Single Judge.
Parties & counsel
- appellant
Shri Gibson Manuel D'souza & Ors.
- respondent
Armstrong Joseph D'souza
Coram
DR. MANJULA CHELLUR
Case details
As recorded by the court registry
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