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BOMBAY HIGH COURT
G. H. Guttal, J.
In re: Rustam Ardeshir Gagrat
| Table of Content |
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| 1. the petition raises a critical question on executor appointments. (Para 1 , 2) |
| 2. the petitioner requests assistance in administering the estate. (Para 3 , 4) |
| 3. the court examines the exclusivity of executor powers and representative rights. (Para 5 , 6) |
| 4. the court concludes that the request falls outside the permissible authority. (Para 7 , 8) |
1. This petition by the sole surviving executor raises a question which is as interesting as it is difficult. The sole surviving executor appointed under the Will and the grantee of the Probate seeks from this Court in its testamentary jurisdiction, an order, appointing another person, not being an executor, to administer the estate jointly with him. Can such an order be made?
2. Framroze Dinshaw Bilimoria, the Petitioner herein, and Chinubhai Nagindas Mehta were the executors and trustees appointed under the Will and Codicil respectively, dt. 13-2-1957 and 25-11-1965, executed by Hirjeebhoy Dinashaw Bilimoria. In testamentary Petition No. 265 of 1968, the probate of the Will was granted to the Petitioner and Chinubhai Mehta - Framroze Bilimoria, the third executor, having died during the pendency of the petition. The probat
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