Allowed

Kiran Chandrarao Kadam and 2 Others v. Jaswantrai Premji Vora and Another

Bombay HC9 Feb 2023IA/5304/2022

Case brief

AI extract

What is this about?

The High Court allowed an interim application seeking conversion of a testamentary petition for probate into a petition for letters of administration with will annexed, as all named executors had died.

What did the court decide?

Allowed conversion of the Testamentary Petition into a Petition for Letters of Administration with the will annexed and appointed applicants as joint administrators.

Kiran Chandrarao Kadam and 2 Others Vs Jaswantrai… — Succession and Inheritance | Bombay HC (2023)

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16-ia-5304-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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INTERIM APPLICATION NO. 5304 OF 2022

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TESTAMENTARY SUIT NO. 23 OF 2002

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Kiran Chandrarao Kadam and Ors ...Applicants In the matter of Mr. Jaswantrai Premji Vora ...Petitioner/Plaintiff Vs. Smt. Naina M. Ankhad ...Defendant

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Mr. Tushar Hathiramani a/w. Ms. Namrata Parikh i/b. M/s. Mulla & Mulla & Craigie Blunt & Caroe for the Applicants.

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Mr. Naresh Ratnani i/b. Adv. Ashwin Ankhad and Associates for Defendant.

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CORAM : ARIF S. DOCTOR, J. DATE : 9th FEBRUARY, 2023

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P.C. :

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Testamentary Petition No 754 of 2001 has been filed for probate of the

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last Will and Testament in respect of one Chandrarao Ganpatrao Kadam ( the

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deceased).

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The present Interim Application has been filed seeking to convert the said

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Testamentary Petition into a Petition for Letters of Administration with a copy of

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16-ia-5304-2022.doc

the Will annexed.

Learned Counsel appearing on behalf of the Plaintiff submits that all the

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three named executors under the Will have passed away and it is thus that the

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present Application has been filed.

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He submits that the Applicant’s are the legal heirs of the deceased being

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son, wife and grand daughter of the deceased. He submits that the Applicant’s

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being legal heir and legatees are also entitled in law to Letters of Administration

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in respect of the estate of the deceased.

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Learned Counsel for the Defendant does not oppose the present Interim Application.

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I have heard learned Counsel and perused the copy of the Interim Application and I find that the same is in order and deserves to be allowed.

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Interim Application is therefore allowed in terms of prayer clause (a), (b) and (c) which read as under:

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“a. That this Hon’ble Court be pleased to permit the conversion of the above Testamentary Petition for grant of Probate of the said Will into grant of Letters of Administration with the said Will annexed thereto.

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b. That this Hon’ble Court, be pleased to allow the present interim application thereby substituting the present Applicants as joint administrators to administer the estate of the deceased as per the last Will and Testament dated 23^rd December 1990 and the

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Codicil dated 13^th May, 1993 respectively.

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c. That this Honb;le Court be pleased to further allow all the amendments, incidental and consequential to the present interim application as per the Schedule along with its annexures/exhibits annexed hereto.”

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Interim Application is accordingly disposed of in terms of the above

order.

(ARIF S. DOCTOR, J)

A.B.Kakde

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Kiran Chandrarao Kadam and 2 Others v. Jaswantrai Premji Vora and Another

Case brief

What is this about?

What did the court decide?

Kiran Chandrarao Kadam and 2 Others v. Jaswantrai Premji Vora and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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