Shri Rajendra Natveralal Parikh ... vs Natverlal Haribhai Parikh ...
2017 Latest Caselaw 6282 Bom

This Order is modified/corrected by Speaking to Minutes Order dated 29/08/2017


                                              1                     14- TP-205 & 206-2015

Shailaja          
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

           TESTAMENTARY AND INTESTATE JURISDICTION

               TESTAMENTARY PETITION NO. 205 OF 2015
                              AND 
               TESTAMENTARY PETITION NO. 206 OF 2015

Smt. Kaushalyaben Natverlal Parikh                              ]       Deceased 

Rajendra Natverlal Parikh                                       ]       Petitioner 
            and
Bhagirath Natverlal Parikh                                      ]       Caveator

                               ......
Ms. Gauri Sawant, for petitioner.
Mr. Raj Patel a/w Ms. Gargi Shinde i/b Mr. Siddharth Kanakia, for
caveator. 
                               ......

                                                 CORAM  :   R.G. KETKAR, J.

                                                DATE      :   16 th  AUGUST, 2017.
P.C.

Testamentary Petition No. 205 of 2015 is filed by Rajendra Natverlal Parikh for Letters of Administration to the property and credits of Smt. Kaushalyaben Natverlal Parikh. It is the case of the petitioner that deceased died intestate. Details of the properties are given in Schedule-I of the Petition.

2. Testamentary Petition No. 206 of 2015 is instituted by Mr. Rajendra Natverlal Parikh for Letters of Administration with Will annexed to the property and credits of Smt. Kaushalyaben Natverlal Parikh [for short 'deceased'], inter alia, on the ground

This Order is modified/corrected by Speaking to Minutes Order dated 29/08/2017

2 14- TP-205 & 206-2015

that deceased has left her writing which is last Will and Testament dated 14th August, 1995. Details of the properties are set out in Schedule-I annexed to the Petition.

3. Petitions were adjourned from time to time for exploring possibility of the settlement. It appears that settlement is not possible.

4. In view thereof, I deem it appropriate to appoint Mr. Mr. S.P. Mathkar, Additional Registrar (O.S.) Additional Prothonotary & Senior Master to administer the properties as per wishes of the testator. Expenses for the Administrator shall be borne from the estate of the deceased Kaushalyabai and Natvarlal before distribution of the assets. Valuation report tendered by Mr. Patel is taken on record and marked 'X' for identification.

5. In view thereof, Testamentary Petitions No. 205 of 2015 and 206 of 2015 are disposed of. Order accordingly.

[R.G. KETKAR, J.]