Case Note & Summary
The suit was filed by Nina Anwar Merchant, the plaintiff, seeking administration of the estate of late Gulshan Rehman Meghani (testatrix) in accordance with her last Will and Testament dated 8 July 2020. The testatrix died on 16 October 2020, issueless, and her husband Rehman Meghani predeceased her. The plaintiff claimed to be the executor under the Will and a beneficiary along with others. Disputes arose among the heirs, and a Deed of Family Arrangement dated 19 December 2009 had settled earlier disputes, vesting certain properties, including Flat No.A-82 at Bandra, Mumbai, in the testatrix. The plaintiff alleged that Defendant Nos.1 to 4 and Defendant No.10 siphoned off funds of the testatrix and had no right to the estate. The plaintiff filed Interim Application Nos.1736 and 1739 of 2023 seeking interim reliefs, including appointment of Court Receiver, injunction against alienation of Flat No.A-82, and disclosure of assets. The defendants opposed, challenging the plaintiff's locus and the validity of the Will. The court, after hearing arguments, granted ad-interim reliefs including appointment of Court Receiver for inventory, injunction against Defendant Nos.1 to 4 from creating third party rights or parting with possession of the flat, and directions for disclosure of assets. The court found that the plaintiff had made out a prima facie case for protection of the estate pending final adjudication.
Headnote
A) Succession and Administration - Administration Suit - Maintainability - Pending Probate - A suit for administration of the estate of a deceased testatrix is maintainable even before grant of probate, as the court has jurisdiction to protect the estate pending final determination of the validity of the Will - Held that interim reliefs can be granted to prevent dissipation of assets (Paras 1-10). B) Interim Relief - Court Receiver - Appointment for Inventory - The court appointed the Court Receiver for the limited purpose of taking inventory of articles, documents, and movable property of the deceased lying in Flat No.A-82, to secure the estate pending suit - Held that such appointment is necessary to preserve evidence and assets (Paras 2.5, 10). C) Injunction - Restraint on Alienation - Flat No.A-82 - The court granted an injunction restraining Defendant Nos.1 to 4 from creating any third party rights or parting with possession of Flat No.A-82 - Held that the plaintiff made out a prima facie case for protection of the property (Paras 2.5, 10). D) Disclosure - Affidavit of Assets - Direction to Defendants - The court directed Defendant Nos.1 to 4 and Defendant No.10 to file affidavits of disclosure of assets of the deceased testatrix, and found the disclosure by Defendant No.10 unsatisfactory, directing further detailed disclosure - Held that transparency is essential to prevent siphoning of funds (Paras 2.6, 10).
Issue of Consideration
Whether the plaintiff is entitled to interim reliefs including appointment of Court Receiver and injunction to protect the estate of the deceased testatrix pending adjudication of the suit for administration and probate proceedings
Final Decision
The court granted ad-interim reliefs in terms of prayer clauses (d), (f), (g), (h), (i), (j), (k), (l), and (m) of IA No.1736 of 2023, including appointment of Court Receiver for inventory, injunction against Defendant Nos.1 to 4 from creating third party rights or parting with possession of Flat No.A-82, and directions for disclosure of assets. The court also directed Defendant No.10 to file a detailed disclosure. The applications were kept for further hearing.
Law Points
- Administration suit maintainable pending probate
- Court Receiver appointment for inventory
- injunction against alienation
- disclosure of assets by defendants
- interim protection of estate pending adjudication of Will
