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PANKAJ MITHAL, PRASANNA B. VARALE
Bai Avabai Hormusji Tata Trust – Appellant
Versus
Shernaz Faroukh Lawyer – Respondent
JUDGMENT
PRASANNA B. VARALE, J.
1. Leave granted.
2. The present appeals arise out of the common final judgment and order dated July 16, 2024, passed by the Division Bench of the High Court of judicature at Bombay in Appeal No. 10 of 2023. By the said judgment, the Hon’ble High Court dismissed a group of four appeals, including the one filed by the appellants herein, challenging an order of a learned Single Judge which directed a court-monitored criminal investigation into the conduct of the parties with the estate of the deceased testator.
FACTUAL MATRIX
3. The genesis of this multi-layered litigation lies in the competing claims over the estate of Purvez Burjor Dalal, a Parsi Zoroastrian inhabitant of Mumbai, who passed away on 07.12.2011. The deceased was a bachelor and left behind substantial movable and immovable properties, the valuation of which is estimated to be over Rs. 100 Crores.
4. Following the death of the testator, two rival Wills surfaced. The first Will, dated 22.11.2010, was propounded by Shernaz Faroukh Lawyer (respondent No. 1) and her mother, the late Villy Pirojsha Avasia (respondent No. 2). Under this Will, the respondents claimed to be the executrices and benefi
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The High Court's jurisdiction to grant probate is limited to cases where properties are outside the exclusive jurisdiction of the City Civil Court, and citation under Section 283(3) is unnecessary if....
Important Point : The High Court can grant Letters of Administration only if the deceased had a fixed place of abode or property within its jurisdiction, despite concurrent jurisdiction provisions.
Important Point : The court emphasized that an executor's incarceration can justify appointing an administrator pendente lite to ensure effective estate management and preservation.
The jurisdiction to grant probate in contentious matters lies solely with the District Judge, and cannot be exercised by a subordinate delegate court.
The power to investigate is exclusively reserved for the police officers, and the High Court cannot change the investigating officer in the midstream and appoint any agency of its own choice to inves....
The court ruled that an executor's imprisonment does not disqualify him per se, but creates practical challenges necessitating the appointment of an administrator pendente lite to manage the estate e....
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