Kalpana Nambiar VS Dr. Jayashree Balchandran Kurup

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

N. J. JAMADAR
Kalpana Nambiar – Appellant
Versus
Dr. Jayashree Balchandran Kurup – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Denzil D’Mello with Ms. Geeta Sonawane Rahate, Advocate
For the Respondent: Ms. Jayashree B. Kurup, in person

JUDGMENT

This Petition is filed, inter alia, to remove the Respondent who has been appointed as an executrix, under the Will and last testament dated 21 April 2012, of Puthenveetil Rajagopal Menon (deceased), and allow the Petitioner Nos.1 and 3 to administer the property and credits of the deceased and also to direct the Respondent - executrix to produce proof of payments, give inspection and furnish copies of the documents, receipts and vouchers, referred to in the affidavit to file inventory and accounts, to deposit the original documents of title and also direct the Respondent - executrix to join the Petitioners in the sale of the property situated at Peramangalam Village, Thrissur District, Kerala (Ambadi House property) and restrain the Respondent, acting as executrix, from unilaterally selling, transferring, alienating or otherwise creating any third party rights in the said Ambadi House property.

2. The Petition arises in the backdrop of the following facts:

2.1 The deceased passed away on 29 July 2012. The deceased left behind the last Will and Testament dated 21 April 2012. The Respondent and Sudarsh Menon, husband of Petitioner No.3, were named as the executors in the sa