2025:BHC-OS:757 Digitally signed SWAROOP by SWAROOP SHARAD S PHH AA DRA KD E PHADKE Date: 2025.01.17

21:07:09 +0530 mpt 150 of 2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.150 OF 2023 IN TESTAMENTARY PETITION NO.1893 OF 2015

1. Kalpana Nambiar, aged about 64 years, Indian Inhabitant Occu – Business, residing at Kabra Mangalkripa, Flat No.401, Near Venus Garden, Goregaon (W), Mumbai – 400 104.

2. Krishnakumar Rajagopal Menon, Aged about 58 years, Indian Inhabitant, Occu – Professor, residing at B9-S, 2^nd Floor, Delhi Police Society Apartments, Mayur Vihar Phase – I, Delhi – 110 091.

3. Asha Sudarsh Menon, Aged about 62 years, Indian Inhabitant, Occu – Housewife, residing at 102, Manu Apartments, Mayur Vihar – 1, New Delhi – 110 091. … Petitioners versus Dr. Jayashree Balchandran Kurup, Aged about 66 years, Occu – Advocate, residing at 204, Raval Tower, Sundarvan Complex, Off Lokhandwala Road, Andheri (W), Mumbai – 400 053. … Respondent Mr. Denzil D’Mello with Ms. Geeta Sonawane Rahate, for Petitioners.

Ms. Jayashree B. Kurup, Respondent in person.

CORAM: N.J.JAMADAR, J.

DATE : 16 JANUARY 2025

JUDGMENT :

1. 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 said Will. Under the said Will, Ambadi House property has been bequeathed to all four children i.e. Petitioner Nos.1 to 3 and the Respondent. In Testamentary Petition No.1893 of 2015, filed by the Respondent as executrix, this Court granted Probate on 13 April 2016.

3. The Petitioners assert, post grant of Probate, the Respondent has abused her position as executrix and committed various acts of commission and omission detrimental to the estate of the deceased and interest of the beneficiaries under the Will.

3.1 It is, inter alia, asserted that, after the grant of Probate, the money which was standing to the credit of the account of the deceased, being Account No.34832 maintained with Canara Bank, Fort Branch, Mumbai, was appropriated by the Respondent towards the fees and expenses in connection with the Probate proceedings. The Petitioners / beneficiaries were kept in the dark. The Respondent has claimed inflated expenses and appropriated the amount.

3.2 As regards the Ambadi House property, the Petitioners alleged, the Respondent has not furnished accounts of the proceeds of sale of the trees, which were cut, and the fruits, obtained from the trees standing in the said property.

3.3 All the four co-owners decided to sell Ambadi House property as none of them was in a position to purchase the share of the rest three. On 12 August 2016, a Memorandum of Understanding (MOU) was executed with Mr. Jose Konikkara to sell Ambadi House property for a consideration of Rs.10.02 Crores. A part consideration of Rs.3 Crores was paid by Mr. Jose Konikkara, which has been distributed amongst the Petitioners and Respondent.