1. This Petition was filed for revocation and annulment of the order dated 20th November 2003 authorising and permitting the Respondent to continue to act as Administrator of the estate of one Eduljee Framroze Dinshaw passed in Miscellaneous Petition No.41 of 2003, to remove the Respondent from the office of Administrator of the estate of the deceased and to appoint a fit and proper person, including the Petitioner as such Administrator, for disclosure of the estate of the deceased and accounts.

2. The deceased died in New York, United States of America (U.S.A.) on 14th March 1970 leaving behind his last Will and Testament dated 4th February 1970 (the Will). Under Clause IV of the Will, the deceased (the testator) bequeathed a life interest in the net income of his properties in India to his sister one Mrs.Bachoobai Woronzow Dashkow (Bachoobai) and upon her death to two charitable institutions in the U.S. the Salvation Army and the American Society for the Prevention of Cruelty to Animals (U.S. Charities). Clause IV reads thus:

“In the event that at the time of my death I shall own outright and free from any trust any real or personal property physically located in the Rep