Case Note & Summary
The dispute arose from the estate of Lady Jena Duggan, who died on 2 September 1993, leaving a Will dated 4 April 1993. Under that Will, the entire residuary estate, including the immovable property known as 'Lawnside' valued at Rs.150 crores, was bequeathed to her grandson Dr. Feroze Duggan. The Will was drafted by M/s. Kanga & Co. and attested by Senior Counsel Nani Palkhiwala and Solicitor Roshan Master. Dr. Feroze Duggan initiated probate proceedings, which were contested by Jean Nusly Duggan and resulted in a final grant in his favour after prolonged litigation, including a Supreme Court dismissal of SLP in 2017. Simultaneously, the Lawnside property was subject to two civil suits, and a Court Receiver was appointed in 1998, later taking full physical possession in 2021. After Dr. Feroze Duggan died on 13 January 2022, the Respondent Bilkish Yunus Namakwala filed Testamentary Petition No. 639 of 2022 propounding an alleged Will dated 6 April 1993, nearly 29 years after the deceased's death. She obtained Letters of Administration dated 3 June 2022 by making false averments and ensuring no notice was served on interested parties. She then executed a Deed of Transfer on 17 June 2022 conveying the Lawnside property to herself. The Petitioners, executors of Dr. Feroze Duggan's Will, discovered the fraud in June 2023 and filed the present Miscellaneous Petition for revocation and annulment. The core questions were whether the Letters of Administration and Deed of Transfer were procured by fraud and liable to be revoked; whether the Respondent's will was false given the earlier adjudication; and whether the Petitioners had standing as legal heirs under Section 55 and Part II of Schedule II of the Indian Succession Act, 1925. Mr. Aspi Chinoy argued that the sequence of events established fraudulent conduct. The Respondent had accepted the Petitioners' heirship in an affidavit. The Court, in its judgment, strongly observed that the case exemplified flagrant fraud upon both the rightful beneficiaries and the court. It noted that the Respondent deliberately made false averments and ensured no notice was served, thereby usurping a property valued at Rs.150 crores. The Court also referred to the earlier probate proceedings and the Court Receiver's possession to highlight the fraudulent nature of the Respondent's claims. However, the provided excerpt ends before the formal operative directions, so the final relief granted is not stated.
Headnote
A) Testamentary Law - Revocation of Letters of Administration - Fraud on Court - Indian Succession Act, 1925 - The Respondent secured Letters of Administration by making false averments and ensuring no notice was served on interested parties, thereby usurping Lawnside property valued at Rs.150 crores. Held that such fraud on the court and beneficiaries is a ground for revocation of the grant (Paras 1-4).
B) Succession - Probate of Will - Finality of Earlier Adjudication - Indian Succession Act, 1925 - The deceased's Will dated 4 April 1993 was contested in Testamentary Suit No. 78 of 1994 and finally upheld, with Letters of Administration granted to Dr. Feroze Duggan. The Respondent later propounded a different Will dated 6 April 1993, which the court regarded as false and fraudulent, noting the earlier proceedings and judgment. Held that the finality of the prior probate proceedings undermines the Respondent's claim (Paras 11-12, 15).
C) Succession - Intestate Succession - Legal Heirs - Indian Succession Act, 1925, Section 55 and Part II of Schedule II - Even on intestate principles, Petitioners Nos.1 and 2 would be legal heirs under section 55 read with Part II of Schedule II of Indian Succession Act, a position accepted by the Respondent in her affidavit. Held that the Petitioners have standing to seek revocation (Paras 16-17).
D) Property Law - Deed of Transfer - Annulment - Indian Succession Act, 1925 - The Respondent executed and registered a Deed of Transfer on 17 June 2022 conveying Lawnside property to herself as administrator and beneficiary, despite the property being in Court Receiver's possession. The Court observed this as part of the fraudulent scheme and indicated that the deed is liable to be annulled along with revocation (Paras 3-4, 13-14).
Issue of Consideration
Whether the Letters of Administration dated 3 June 2022 and subsequent Deed of Transfer dated 17 June 2022 were obtained by fraud and liable to be revoked/annulled under the Indian Succession Act, 1925; whether the Will dated 6 April 1993 propounded by Respondent is false and fraudulent given prior probate of Will dated 4 April 1993; whether Petitioners have locus standi as executors/legal heirs.
Law Points
- Fraud vitiates all proceedings
- a grant obtained by false averments and non-service of notice is liable to be revoked
- earlier adjudication of Will creates finality
- Section 55 and Part II of Schedule II of Indian Succession Act
- 1925 govern intestate succession among Parsis
- Court Receiver possession indicates estate under custodia legis.
Case Details
2025 LawText (BOM) (09) 122
Miscellaneous Petition No. 240 of 2025 in Testamentary Petition No. 639 of 2022
Mr. Aspi Chinoy, Senior Advocate; Adv. Shanay Shah; Adv. Soniya Putta; Adv. Karan Mehta; Adv. Souparnika S.; Mr. Asif Latif Shaikh; Adv. Abid Abbas Sayyad; Adv. P.S. Bankar; Adv. Iqbal Qureshi; Dr. Uday Warunjikar; Mr. Shagufa Ansari; Adv. Vaibhav Karnik
Shireen Dinshaw Mistry, Shapoor Dinshaw Toorkey, Dinshaw Maneck Mistry
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Nature of Litigation
Miscellaneous petition for revocation and annulment of Letters of Administration and Deed of Transfer obtained fraudulently.
Remedy Sought
Petitioners (executors of Dr. Feroze Duggan's Will) sought revocation, cancellation and annulment of Letters of Administration dated 3 June 2022 and Deed of Transfer dated 17 June 2022 executed by Respondent as administrator.
Filing Reason
Respondent allegedly made false averments and suppressed service in Testamentary Petition No. 639 of 2022, obtained Letters of Administration for forged Will dated 6 April 1993, and transferred Lawnside property to herself.
Previous Decisions
Earlier probate proceedings: Testamentary Petition No. 156 of 1994 converted to Testamentary Suit No. 78 of 1994; High Court granted probate of Will dated 4 April 1993 on 3 August 2011; Appellate Judgment dated 23 October 2016 upheld, converting to Letters of Administration with Will annexed; Supreme Court dismissed SLP No. 540 of 2017 on 13 January 2017, making grant final. Suit No. 4847 of 1995 and Suit No. 258 of 1996 concerning Lawnside property pending; Court Receiver appointed in 1998.
Issues
Whether the Letters of Administration dated 3 June 2022 and the Deed of Transfer dated 17 June 2022 were obtained by fraud and were liable to be revoked/annulled.
Whether the Will dated 6 April 1993 propounded by the Respondent was false and fraudulent in light of the earlier finally adjudicated Will dated 4 April 1993.
Whether the Petitioners had locus standi as legal heirs or executors to maintain the revocation petition under the Indian Succession Act, 1925.
Submissions/Arguments
Mr. Aspi Chinoy, Senior Counsel for the Petitioners, submitted that the facts and sequence of events established the Respondent's fraudulent conduct in filing a petition propounding a demonstrably false and fraudulent Will dated 6 April 1993.
The Petitioners contended that even on intestate principles, Petitioners Nos.1 and 2 would be legal heirs under Section 55 read with Part II of Schedule II of the Indian Succession Act, a position accepted by the Respondent in her affidavit.
Ratio Decidendi
A grant of Letters of Administration obtained by deliberate false averments and suppression of notice to interested parties is vitiated by fraud and is liable to be revoked. The court observed that the Respondent's conduct in securing the grant and then executing a deed transferring the estate property to herself constituted fraud upon the court and beneficiaries. The finality of previous probate proceedings and the continued Court Receiver possession are relevant factors in detecting fraud.
Judgment Excerpts
This case exemplifies a flagrant fraud perpetrated not only upon the rightful beneficiaries but also upon this Hon’ble Court.
By deliberately making false averments in Testamentary Petition No. 639 of 2022 and ensuring that no notice was served on any interested party, the Respondent fraudulently secured Letters of Administration with the Will annexed.
After the grant of Letters of Administration in her favour, the Respondent executed and registered a Deed of Transfer dated 17th June 2022, purporting to convey the Lawnside property at Malabar Hill in her own favour, both as alleged administrator and beneficiary under the purported Will.
Procedural History
Lady Jena Duggan executed Will dated 4 April 1993, attested by Nani Palkhiwala and Roshan Master. She died 2 September 1993. Dr. Feroze Duggan filed Testamentary Petition No. 156 of 1994; caveat by Jean Duggan converted to Testamentary Suit No. 78 of 1994. High Court by judgment dated 3 August 2011 granted Probate of Will dated 4 April 1993 in favour of Dr. Feroze Duggan. Appellate Judgment dated 23 October 2016 upheld, converting grant into Letters of Administration with Will annexed. Supreme Court dismissed SLP No. 540 of 2017 on 13 January 2017, making grant final. Suit No. 4847 of 1995 filed by Dr. Feroze Duggan against M/s. Benzer Pvt. Ltd. regarding Tenancy Agreement; Suit No. 258 of 1996 by Jean Nusly Duggan for administration; Court Receiver appointed in 1998. Jean Nusly Duggan expired 22 November 2020; Court Receiver took physical possession of entire Lawnside property since 2021. Dr. Feroze Duggan died 13 January 2022 leaving Will dated 30 December 1994; Petitioners are executors and filed Testamentary Petition No. 4292 of 2023 for probate. Respondent filed Testamentary Petition No. 639 of 2022 propounding Will dated 6 April 1993; obtained Letters of Administration dated 3 June 2022. Respondent executed Deed of Transfer dated 17 June 2022. In June 2023 Petitioners became aware of mutation and discovered Testamentary Petition No. 639 of 2022.
Acts & Sections
- Indian Succession Act, 1925: Section 55, Part II of Schedule II
