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N. J. JAMADAR
In the matter of Lalit Timothy D’Souza – Appellant
Versus
Lawra D’Souza – Respondent
JUDGMENT :
(N.J. Jamadar, J.)
1. Heard the learned Counsel for the parties.
2. This is an application for appointment of an Administrator pendente lite under Section 247 of the Indian Succession Act, 1925 (the Succession Act) for the estate described in the Schedule-I appended to the Testamentary Petition, except for the properties listed at serial Nos.1 and 9. The principal prayer is to an appoint the Court Receiver, High Court Bombay as the Administrator pendente lite. In the alternative, the applicant has prayed that she be appointed as an Administrator.
3. Shorn of unnecessary details, the background facts can be stated as under:
(a) Timothey D’souza (the deceased) was the father of the applicant-Defendant No.1, Lalit D’souza, the plaintiff, Lorna D’souza, the Defendant No.2 and Lavina Khan, the Defendant No.3.
(b) According to the Applicant, the deceased died intestate, on 7th April 2003. The plaintiff took complete and exclusive control of the estate of the deceased. As disputes arose amongst the plaintiff and defendants, Lorna D’souza, the Defendant No.2, instituted Suit No.2889 of 2003 for the administration of the estate of the deceased.
(c) The plaintiff propounded a Will dated
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 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....
The appointment of Administrators Pendente Lite is essential for managing a deceased's estate during litigation, ensuring neutrality and preserving assets pending the resolution of disputes over the ....
(1) Appointment of Administrator Pendente lite – Interim protection order cannot be granted in respect of estate which belongs to a Hindu/ Mohammeden/ Sikh/ Jain.(2) Inherent Jurisdiction – No inhere....
Civil Court has jurisdiction to administer the deceased's estate despite pending probate proceedings, maintaining an independent role in estate protection and administration.
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