Allowed impleadment of the deceased appellant's wife as legal representative. Held that a will does not violate SARFAESI Act transfer restrictions and limitation laws do not strictly apply. Ordered amendment within two weeks.
Application for impleadment of the wife as legal representative allowed. Carry out amendment within two weeks.
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PBEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 561/2023(Amendment) In Appeal No. 197/2011
Between
Pralhad S/o Sitaram Sundarkar … Appellant/s V/s.
The Authorised Officer, …Respondent/s Bank of Maharashtra & Anr.
Mr Puneet Gogad, Advocate for Appellant.
Mr M. N. Phadke, Advocate for Respondent Bank.
This is an application filed by the wife of the deceased original Appellant seeking impleadment as a party in place of the deceased Appellant who died on 09.07.2000. The Appellant died living behind his wife and three children. The deceased had executed a will bequeathing the subject property in favour of the applicant, his wife Smt. Mangla Pralhadrao Sundarkar. Mutation has been effected in consequence of the will coming into effect on the demise of the testator. The rest of the legal heirs, who are the children of the deceased have consented to the mutation with regard to the property in favour of their mother. Hence, none of the legal representatives except the wife of the deceased are interested in getting themselves impleaded as a party. The legal representatives are all residing in Amravati, and because of the Covid-19 Pandemic, they were not in a
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position to file an application to get impleaded. That apart, the Hon’ble Supreme Court has in Suo Moto Writ Petition (Civil) No. 03 of 2020 had suspended the period of limitation. Hence, it is prayed that the deceased Appellant may be substituted by his wife as the legal representative and may be permitted to continue with the appeal.
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this Tribunal is not determining the validity of the will. The validity of the will upsetting the order of intestate succession can only be challenged by the other legal representatives who would have succeeded to the property but for the will. In the instant case, the Applicant has averred that the other legal representatives are not interested in getting themselves impleaded and their no objection was recorded by the Revenue Authorities while effecting mutation consequent to the demise of the testator.
Hence, the application for impleadment is allowed. Carry out amendment within two weeks.
Post before the Registrar on 01.09.2023 for reporting compliance.
Sd/Chairperson
mks-1
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3 issues framed by the court
Whether the Applicant, wife of the deceased Appellant, can be impleaded as a legal representative in place of the deceased.
Whether the validity of a will constitutes a transfer in violation of Sec. 13(13) of the SARFAESI Act.
Whether limitation laws apply to the application for impleadment of a legal representative in this context.
Colour shows how this judgement treated each authority
Dr Anant Trimbak Sabnis vs Vasant Pratap PanditReferred¶11
Dr Anant Trimbak Sabnis vs Vasant Pratap Pandit AIR 1980 Bombay 69 · Who else cites this
Suo Moto Writ Petition (Civil) No. 03 of 2020Referred¶8
Suo Moto Writ Petition (Civil) No. 03 of 2020
1 provisions across 1 enactments
Pralhad S/o Sitaram Sundarkar
Mangla Pralhadrao Sundarkar
The Authorised Officer
Bank of Maharashtra
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
