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2008 Supreme(Bom) 1469

ROSHAN DALVI
Bomi Pirojshaw Sachinwala – Appellant
Versus
Cyrus S. Badshah – Respondent


Advocates appeared:
Mr.H.N. Thakore with Mrs.Agnes i/by M/s.Thakore Zariwala &
Associates for Petitioner.
Mr.B. Colabawala with Mrs.F.Z.B. Kamdin and Mrs.V. Deshpande i/by M/s. F.Z.B. & Associates for Respondents.

JUDGMENT :

1. This Petition is for revocation of the Letters of Administration granted to the Respondents. The Petitioner claims to be the executor of the last Will and Testament of the deceased one Dr.Shahapoor Behram Badshah who died in Bayreuit, Germany on 26 th March 2007. It is his case that the Will, though known to the Respondent s, was suppres sed and the Letters of Administration have been fraudulently obtained. Hence, he has applied for revocation.

2. The Will is dated 19.1.2000. It is registered on that date itself before the Sub Registrar of Assurances. Under the said Will, a Trust called Dr.Shapoor Behram Badshah Charitable Trust is created. Certain properties are bequeathed to the Respondent s herein who are the two sons of the deceased. A large part of an immovable property is settled upon Trust. There is no separate Deed of Trust prepared. There are certain other small properties movable and immovable which are also to vest in the Trust.

3. The Petitioner is a contractor. He was given a contract to build a building for the purposes of a hospital for the Charitable Trust proposed by the deceased. It was to be an Ashram to be used as a Rehabilitation Centre for street


















































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