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2019 Supreme(SC) 1117

ARUN MISHRA, VINEET SARAN, S.RAVINDRA BHAT
RAMESH NIVRUTTI BHAGWAT – Appellant
Versus
SURENDRA MANOHAR PARAKHE – Respondent


Advocates Appeared:
For the Appellant(s) :Vinay Navare, Gwen Karthika, Abha R. Sharma, Advocates
For the Respondent(s):Siddhartha Dias, L. Singh Rawat, V. D. Khanna, Advocates

JUDGMENT

S. RAVINDRA BHAT, J.

1. This appeal by special leave questions the decision of the Bombay High Court affirming the rejection of an application for revocation of letters of administration granted to the respondent, (hereafter “the LOA holder”), in respect of the will of deceased Mrs. Antoinette Bendre Bhagwat (hereafter “Antoinette”).

2. Antoinette was the wife of Balaji Balwant Bhagwat (hereafter “Balaji”). The couple were permanent residents of California, US and were US citizens. Balaji predeceased Antoinette, bequeathing all properties to her. She died on 23.1.1981 at Alhambra, Los Angeles County, California. U.S.A. In her last will dated 24.6.1977, she bequeathed her properties to her husband. The will stipulated that in the event of Balaji predeceasing her, the property was to vest in an inter ­ vivos trust. The trust was created by the testatrix and her husband by a deed dated 24.6.1977. The Executor had filed a petition for probate of Antoinette’s will (Probate Case No. 662463 in the Superior Court of the State of California for Los Angeles County). It was probate

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