Testamentary petition for Letters of Administration without Will; the Registry objected to petitioner No.1 acting both individually and as power-of-attorney holder of another heir under Section 243 ISA and Rule 418. The court held neither provision was an impediment and dispensed with the objections.
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30-tp-1558-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO. 1558 OF 2024
Mitul Pravinchandra Desai and Anr. ...Petitioners Versus Pravinchandra M. Desai and Mrs.Vinodaben Pravinchandra Desai ...Deceased
*** Mr. Chaitanya Purankar i/by Ms. Indira Labde, for Petitioners. ***
ETHAPEDNYANESHWARASHOK Digitally signedby ETHAPEDNYANESHWARASHOKDate: 2024.10.0110:46:01 +0530
PC.:
Will, to the property and credits of Pravinchandra M. Desai and late Mrs.Vinodaben Pravinchandra Desai.
cannot be granted limited grant in the capacity of constituted
1 of 3
D.A.ETHAPE
30-tp-1558-2024.doc
attorney of Petitioner No.1 as Petitioner No.1 is entitled for general grant in his own right. A reference is made to the provisions contained in Section 243 of the Indian Succession Act, 1925 and Rule 418 of the Bombay High Court (O.S.) Rules, 1980.
by the actions and decisions of Petitioner No.1. Even otherwise,
2 of 3
D.A.ETHAPE
30-tp-1558-2024.doc
Petitioner No.1 is seeking Letters of Administration in his individual capacity as well.
(N. J. JAMADAR, J.)
3 of 3
D.A.ETHAPE
1 issue framed by the court
Whether a person entitled to a general grant may seek Letters of Administration in his own right and also as constituted attorney of another heir.
2 provisions across 2 enactments
Mitul Pravinchandra Desai
Sameer Kumar Pravinchandra Desai
Pravinchandra M. Desai (deceased)
Mrs. Vinodaben Pravinchandra Desai (deceased)
N. J. Jamadar
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
