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Bombay High Court Adjudicates Notice of Motion for Appointment of Administrator in Estate of Deceased with Competing Wills — Interim Relief Sought Under Section 247 of Indian Succession Act, 1925. Court Examines Allegations of Fraud, Undue Influence, and Incapacity Against Two Purported Wills in Parsi Zoroastrian Succession.

High Court: Bombay High Court Bench: BOMBAY
Admin
2026-08-08 13:25:55
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Issue of Consideration

Whether, pending the determination of rival probate petitions, an administrator should be appointed under Section 247 of the Indian Succession Act, 1925 to manage the estate of the deceased and whether injunctions should be granted to prevent dissipation of assets.

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Case Details

2013 LawText (BOM) (12) 102

Notice of Motion No.138 of 2012 in Testamentary Suit No.29 of 2012

2013-12-24

R.D. Dhanuka, J.

For Plaintiffs: Mr. Iqbal Chagla, Senior Advocate, Mr. F.E. D'vitre, Senior Advocate, Mr. D.D. Madan, Senior Advocate, Mr. N.A. Agarwal, Mr. P.A. Kabadi, Ms. A.R. Borkar instructed by M/s Doijode & Associates; For Defendants: Ms. Fereshthe Sethna, Mr. Ram Kakkar, Mr. Chirag Dave, Mr. Aagam Doshi instructed by M/s Dutt Menon Dunmorr Seth

Shernaz Faroukh Lawyer and Villy Pirojsha Avasia

Manek Dara Sukhadwalla and Shiavax Hoshie Dolikuka

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Nature of Litigation

Notice of Motion for appointment of administrator and injunction pending probate of two disputed wills.

Remedy Sought

Plaintiffs sought appointment of administrator, injunction against defendant no.1, disclosure of assets, and accounts.

Filing Reason

The plaintiffs and defendant no.1 each claimed executorship under separate wills, and there were disputes over control and handling of the deceased's estate.

Issues

Whether an administrator should be appointed under Section 247 of the Indian Succession Act, 1925 pending probate proceedings Whether interim injunction and asset disclosure directions should be granted against defendant no.1

Judgment Excerpts

By this Notice of Motion, plaintiffs seek appointment of a fit and proper person as an administrator/officer of the estate/property of the deceased … under section 247 of the Indian Succession Act, 1925 and also seeks injunction against the first defendant, his employees, servants and agents in respect of the properties of the estate of the said deceased. On 23rd August, 2011, according to the plaintiffs one Dr L. S. Balani who was stated to be the family physician of the said deceased, examined the said deceased and certified at the foot of a purported Will dated 23rd August, 2011 that the deceased was not in a fit condition to sign the said purported Will with proper understanding. On 7th December, 2011 the said deceased expired who was aged about 75 years at the time of his death.

Procedural History

Plaintiffs filed Testamentary Petition No. 341 of 2012 for probate of Will dated 22.11.2010. Defendant No.1 filed Probate Petition No. 5 of 2012 for probate of Will dated 8.9.2011. Plaintiffs filed Notice of Motion No.138 of 2012 seeking appointment of administrator and injunctions. Caveats filed. SLP (Civil) 20165 of 2013 filed by defendant no.1, later dismissed. Matter reserved for judgment on 21.11.2013 and pronounced on 24.12.2013.

Acts & Sections

  • Indian Succession Act, 1925: 247
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Tags :
Administrator pendente lite Probate Will contest Undue influence Caveat Estate Interim injunction Section 247 Indian Succession Act 1925 Parsee Zoroastrian Testamentary suit

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