Allowed

Roda Jamasp Mehta and 2 Ors. v. Kaikhushru Framroze Bharucha @ Kaikhasru Framroze Bharucha (Deceased)

Bombay HC9 Jan 2024TP/3115/2022

Case brief

AI extract

What is this about?

In a testamentary petition, the Bombay High Court granted letters of administration de-bonis-non to the petitioners (nephews and nieces of the administrator) for unadministered properties and additional assets of the deceased, due to the prior administrator's death.

What did the court decide?

Letters of Administration De-Bonis-Non granted in respect of unadministered properties and additional assets having effect throughout India.

Roda Jamasp Mehta and 2 Ors. Vs Kaikhushru… — Succession and Inheritance | Bombay HC (2024)

¶1

10_TP_3115_22.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 3115 OF 2022

¶3

Roda Jamasp Mehta and others … Petitioners

¶4

Kaikhushru Framroze Bharucha @ Kaikhasru Framroze Bharucha … Deceased

¶5

Mr. Bhalchandra G. Saraf a/w. Mr. Suyash Kalbhor for petitioners.

¶6

CORAM : MANISH PITALE, J. DATE : 09^th JANUARY, 2024

¶7

P.C. :

¶8

. By this petition, the petitioners are seeking grant of letters of administration De-Bonis-Non in respect of unadministered properties concerning letters of administration earlier granted on 13.12.1994 in favour of Roshan Ardeshir Bharucha, who was the aunt of the petitioners before this Court. Apart from seeking the aforesaid grant for the properties that remained unadministered under the letters of administration, the petitioners are also seeking addition of certain additional assets belonging to the deceased as shown in Schedule I to the present petition and marked as Exhibit D.

¶9

In the present case, the original deceased person was Kaikhushru Framroze Bharucha. Roshan Ardeshir Bharucha, being his niece, was issued the letters of administration on 13.12.1994 by this Court. It is the case of the petitioners that the properties remained unadministered during the lifetime of Roshan Ardeshir Bharucha. The petition specifically states that Roshan Ardeshir Bharucha expired on 19.12.2015.

¶10

In that light, the learned counsel appearing for the petitioners invited attention of this Court to paragraph No.7 of the petition, which states the

¶11

1/2

¶12

10_TP_3115_22.doc

¶13

details of the now surviving legal heirs of the original deceased Kaikhushru Framroze Bharucha. The statements made in the said petition and the table contained therein show that as on today, the original deceased is survived by Aspy Sohrab Gotla and the three petitioners before this Court. They are the nephews and nieces of the said Roshan Ardeshir Bharucha in whose favour the original grant was issued. Consent affidavit of Aspy Sohrab Gotla is placed on record expressing no objection to the prayers made in the present petition.

¶14

The petitioners have amended the petition to add the pleading in respect of additional assets belonging to the estate of the deceased for which they are seeking direction in the present petition, in addition to permission to administer the unadministered properties.

¶15

This Court has perused the entire material on record. In the interest of justice, the prayers made in the present petition, deserve to be granted.

¶16

Accordingly, the petition is allowed in terms of the following prayers:

¶17

“That Letters of Administration De-Bonis-Non in respect of unadministered properties alongwith additional assets belonging to the said deceased Kaikhasru Framroze Bharucha reflected in Schedule No. I to this Petition and marked as Exhibit “D” be granted to the Petitioners having effect throughout India.

¶18

That Letters of Administration De-Bonis-Non in respect of unadministered administered properties along with additional assets belonging to the said deceased reflected in schedule No.I to this Petition and marked as Exhibit “D” be granted to the Petitioners having effect throughout India.”

¶19

The petition stands disposed of.

¶20

(MANISH PITALE, J.)

¶21

PRIYAKAMBLI Digitallysigned byPRIYA KAMBLIDate:2024.01.1017:54:26+0530 Priya Kambli

¶22

2/2

Roda Jamasp Mehta and 2 Ors. v. Kaikhushru Framroze Bharucha @ Kaikhasru Framroze Bharucha (Deceased)

Case brief

What is this about?

What did the court decide?

Roda Jamasp Mehta and 2 Ors. v. Kaikhushru Framroze Bharucha @ Kaikhasru Framroze Bharucha (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dolores Naresh Daswani Vs Naresh Mohandas Daswani

Shantha Vithalrao Lakshmain Vs Vithalrao Dasappa Lakshmain (Deceased)

Chetan Jayantilal Varma and Ors. Vs Mukesh Kantilal Kothari and Anr. (Applicants)

Rajendra Bholanath Nagvekar Vs Urmila Vasudev Nagvekar @ Nagwekar (Deceased)

Majid Benchu Aalam vs State of Maharashtra

Ali Husain Farchand Khan vs the State of Maharashtra