Case Note & Summary
The petitioner, originally Smt. Rupabai Shrikisan Lohe (deceased, represented by legal heir Rajendra Jaikishan Chandak), filed a writ petition challenging orders passed by the Assistant Charity Commissioner, Nasik Region, in Case No. MRT/AH/Trust-IX/1/89 dated 14th September 1990. The petitioner claimed to be the legatee under a Will executed by her husband Shrikisan Lohe in October 1923, who died issueless. She alleged that the Will appointed several trustees to manage a Trust created by the Will. The respondents included the Shrikisan Kasturichand Charitable Trust and its trustees, as well as the Assistant Charity Commissioner and other authorities. The court, presided by Justice V.R. Kingaonkar, examined the petitioner's claim. The court noted that the petitioner failed to produce the original Will or any probate, and there was no evidence that the trustees accepted her as a legatee. The court held that the petitioner had no locus standi to challenge the orders of the Charity Commissioner, as her alleged right under the Will was not established. Consequently, the writ petition was dismissed. The judgment was delivered on 19th January 2010.
Headnote
A) Trust Law - Locus Standi - Legatee under Will - Petitioner claiming to be legatee under a Will of 1923 failed to establish her right as the Will was not probated and no evidence of acceptance by trustees - Held that petitioner has no locus standi to challenge orders of Charity Commissioner regarding trust administration (Paras 1-3).
Issue of Consideration
Whether the petitioner, claiming to be a legatee under a Will of 1923, has locus standi to challenge the orders of the Assistant Charity Commissioner regarding the appointment of trustees of a public trust.
Final Decision
The writ petition is dismissed. The petitioner failed to establish her right as a legatee under the Will and thus has no locus standi to challenge the orders of the Assistant Charity Commissioner.
Law Points
- Charity Commissioner's jurisdiction
- Trust property
- Will
- Legatee
- Locus standi
- Public Trust
- Bombay Public Trusts Act
- 1950
Case Details
2010 LawText (BOM) (01) 442
Writ Petition No.2547 of 1991
Mr. V.J. Dixit, Sr. Counsel for the petitioner; Mr. A.S. Bajaj for Respondent Nos.2 to 5; Mr. D.R. Kale, A.G.P. for Respondent Nos.7 to 10
Smt. Rupabai Shrikisan Lohe (deceased) through L.Rs. 1A. Rajendra S/o Jaikishan Chandak
1. Shrikisan Kasturichand Charitable Trust by its Trustees - 1. Dr. Somnath Narayandas Lohe, 2. Shivaldas Ramratan Maniyar, 3. Dwarkadas Shankardas Malani, 4. Dr. Vasantlal Mukund Zawar, 5. Pradeep Rajendra Malpani, 6. Dr. Anil Vishnupant Samudra, 7. Mamlatdar, Sangamner Taluka, 8. Assistant Charity Commissioner, Nasik Region, 9. Designated Member, Maharashtra Revenue Tribunal, Pune, 10. Joint Charity Commissioner, Pune Region
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Nature of Litigation
Writ petition challenging orders of Assistant Charity Commissioner regarding trust administration.
Remedy Sought
Petitioner sought to challenge the orders of the Assistant Charity Commissioner, Nasik Region, in Case No. MRT/AH/Trust-IX/1/89 dated 14th September 1990.
Filing Reason
Petitioner claimed to be a legatee under a Will of 1923 and alleged that the trustees appointed under the Will were not properly administering the trust.
Previous Decisions
Assistant Charity Commissioner passed order on 14th September 1990 in Case No. MRT/AH/Trust-IX/1/89.
Issues
Whether the petitioner has locus standi to challenge the orders of the Assistant Charity Commissioner.
Submissions/Arguments
Petitioner claimed to be legatee under Will of 1923 and that trustees were appointed under the Will.
Respondents contested the petitioner's claim and locus standi.
Ratio Decidendi
A person claiming to be a legatee under a Will must establish their right by producing the Will or probate, and must show acceptance by the trustees. Without such proof, the claimant has no locus standi to challenge orders of the Charity Commissioner regarding trust administration.
Judgment Excerpts
By this petition, the petitioner challenges orders rendered by Assistant Charity Commissioner, Nasik Region, in Case No.MRT/AH/Trust-IX/1/89 on 14th September, 1990.
Deceased Petitioner was wife of one Shrikisan Lohe, who died issueless. She claims to be legatee under a Will-deed executed by deceased Shrikisan in the month of October 1923.
Procedural History
The Assistant Charity Commissioner, Nasik Region, passed an order on 14th September 1990 in Case No. MRT/AH/Trust-IX/1/89. The petitioner filed Writ Petition No.2547 of 1991 before the Bombay High Court, Aurangabad Bench, challenging that order. The petition was heard and dismissed on 19th January 2010.
Acts & Sections
- Bombay Public Trusts Act, 1950:
