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2011 Supreme(Bom) 451

ROSHAN DALVI
Marten Borchert – Appellant
Versus
Arzan Khambatta – Respondent


Advocates appeared:
For the Petitioners:Haresh Jagtiani, Senior Advocate a/w. Siddhesh Bhole and Kathlene Lobo, Advocates.
For the Respondents:J.F. Pochkhanawalla, Senior Advocate with Aditya Chitale, Advocate.

Judgment :

1. The Petitioner No.1 is the father of Petitioner No.2. He is the brother of one Ursula Dara Mistry, the Testatrix who executed a Will dated 7th February 2004 and Codicil dated 29th November 2004 which have been probated. Respondents 1 and 2 are the executors under the said Will and the Codicil of the Testatrix. The Respondents have administered a large part of the estate of the testatrix as per the mandate contained in her Will.

2. The Petition is filed for removal of the Respondents as the executors and appointment of other executors in their place. The Petition is, therefore, essentially filed under Section 301 of the Indian Succession Act. The Petition is also filed for directing inventory of the estate of the Testatrix, information of the steps in administration, handing over of certain property being the Rural Electrification Corporation (REC) bonds, implementation of the Will, appointment of receiver and appointment of Petitioner No.1 as the sole trustee of the trust directed to be formed by the Testatrix within a time frame.

3. It may at once be mentioned that the prayer relating to removal of Respondents and appointment of others in their place as executors is



















































































































































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