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APURBA SINHA RAY
In the Goods of Usha Mukherjee (Decd. ) and Debaditya Mukherjee – Appellant
Versus
Debika Banerjee – Respondent
JUDGMENT
Apurba Sinha Ray, J.—The parents of the petitioner allegedly executed two separate Wills in favour of her brother in respect of properties at Salt Lake and also at Kalyani along with movables. Two separate probate proceedings were initiated in the year 2007 by the executor/brother of the petitioner, and after being registed by the petitioner the said proceedings have become contentious, and are now pending as testamentary suits. Other sister raises no objection to the prayer of the executor/ beneficiary of the said Wills.
2. According to the petitioner, the executor being a resident of USA is not taking proper care in maintaining the valuable immovable properties at Salt Lake City, Kolkata and Kalyani. As a result of which the property at Salt Lake City, Kolkata has become dilapidated. The property at Kalyani has been intruded by outsiders and has been encroached upon. Photographs of two properties have been placed with the records.
3. It is also alleged by the petitioner that she came to know from reliable sources that the executor is also trying to sell off both the immovable properties, and if he is able to do so, the petitioner will suffer irreparable loss and injury s
(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....
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 main legal point established in the judgment is that the probate of a Will executed outside the local limits of the High Courts of Madras, Calcutta, and Bombay is not necessary under Sec. 213 of ....
Civil Court has jurisdiction to administer the deceased's estate despite pending probate proceedings, maintaining an independent role in estate protection and administration.
An executor has the right to object to eviction proceedings regardless of the probate status of the Will, ensuring protection of the testator's estate, per the provisions of the Indian Succession Act....
Plaintiffs can maintain copyright infringement suit as heirs and executor despite lack of probate; injunction is standard in copyright cases to prevent irreparable harm.
No petition for probate filed under Section 276 of the Act. In the absence of any such petition, the court below cannot invoke the provisions under Section 295 of the Act.
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