Executor granted probate of a 2008 Will sought leave to renounce execution owing to advanced age and inability to administer the estate, movable property already distributed and sale efforts for immovable property failed. Court permitted renunciation in terms of prayer clause (a) and directed notice to remaining executors.
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.
35-IA-1461-2024 (OS).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 1461 OF 2024 IN
TESTAMENTARY PETITION NO. 981 OF 2017
Erach Shavakshaw Singpurwalla ...Applicant in the matter between Dhun Homi Gheesta Versus Erach Shavakshaw Singpurwalla ...Orig. Petitioner ***
Ms. Pooja Kharat for the Applicant.
ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.07.1910:56:58 +0530
PC.:
1 of 3
D.A.ETHAPE
35-IA-1461-2024 (OS).doc
whom the probate has been granted. The applicant appears to be 92 years of age. For the reasons assigned in the application and the situation in life of the applicant, I am inclined to allowed the application and permit the applicant to renounce the execution
2 of 3
D.A.ETHAPE
35-IA-1461-2024 (OS).doc
of the Will.
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D.A.ETHAPE
1 issue framed by the court
Whether an aged executor (92 years) unable to administer the estate may be permitted to renounce execution of the Will despite probate having been granted.
Erach Shavakshaw Singpurwalla
Dhun Homi Gheesta
N. J. Jamadar
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
