Bombay High Court
Bhavana Harish Ruparel And 2 Ors vs Yatin Hariram Ruparel And Anr on 25 March, 2021
Author: G.S. Patel
Bench: G.S. Patel
14-IA-392-2021 IN TP-377-2008 WITH IAL-3334-2021 IN TP-377-2008.DOC
Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 392 OF 2021
IN
TESTAMENTARY PETITION NO. 377 OF 2008
Shantadevi Ruparel ...Deceased
And
Bhavana Harish Ruparel & Ors ...Applicants
In the matter between
Yatin Hariram Ruparel & Anr ...Petitioners
INTERIM APPLICATION (L) NO. 3334 OF 2021
IN
TESTAMENTARY PETITION NO. 377 OF 2008
Yatin Hariram Ruparel ...Petitioner
And
Shantadevi Ruparel ...Deceased
Dr Abhinav Chandrachud, with Aashish Raghuvanshi, Ms Khushboo
Atul G. Rupani & Ms M Mehta, i/b HSA Advocates, for the Applicants.
Kulkarni
Mr Shanay Shah, with Kevin Pereira, i/b Hassan Khan, for Petitioner
No. 1.
Digitally signed
by Atul G.
Kulkarni
Date: 2021.03.26
10:11:14 +0530
CORAM: G.S. PATEL, J
DATED: 25th March 2021
PC:-
Page 1 of 4
25th March 2021
14-IA-392-2021 IN TP-377-2008 WITH IAL-3334-2021 IN TP-377-2008.DOC
1. The Interim Application seeks the removal of the two
Respondents as administrators of the estate of Shantadevi Ruparel.
Letters of Administration were issued on 12th July 2010.
2. The allegation in the petition is that the Respondents have not drawn up or fled accounts. They have not paid the necessary dues in tax. They are also intending to make a preferential distribution from the estate to reward one of the heirs allegedly for efforts taken in regard to some property. Another allegation is thati after the deceased passed away on 19th November 2007i one particular immovable property has been transacted and transferred to a third party without prior leave of the Courti although such leave is a requirement of the grant; andi further that this has been done purportedly acting on a power of attorney given by the deceased during her lifetime and whichi obviouslyi came to an end on her death.
3. On taking instructionsi Mr Shah for the Respondents states that as regards the last itemi i.e. the immovable propertyi it was transacted in the lifetime of the deceased. Registration of the transfer document remained to be done for various reasonsi but even that was completed before the deceased passed away on 19th November 2007. The property thus was transacted by the deceased or her Constituted Attorney in her lifetime. The property was included in the schedule of assets of the deceased inadvertently.
Page 2 of 425th March 2021 14-IA-392-2021 IN TP-377-2008 WITH IAL-3334-2021 IN TP-377-2008.DOC
4. He also states that there will be no preferential distributioni that accounts will be drawn up and that all dues to revenue will be paid on time.
5. I will need all these statements as undertakings on a joint Affidavit by the two Respondents on or before 5th April 2021. I will list the matter two days later on 7th April 2021.
6. I am making it clear that even if one of the heirs has expended unusual efforts in regard to any land that was under acquisitioni this will not entitle him or her to a higher share in the distribution of the estate than the law permits. Mr Shah readily accepts this.
7. There is one other question that may present an operational difficultly. If returns of the estate are to be fledi then there must be some legally permissible and tenable arrangement by which the administrators can fle those returns and pay the necessary amount of taxi correlating this to some digital ID and a PAN number. The two Respondents will need to consult with their chartered accountants and whatever arrangement is being made must also be explained on Affidavit so that there is no ambiguity about this either going forward. It must be shown that the tax-payment procedure proposed by the two Respondents is permitted in law.
8. In the meantimei Mr Shah clarifes that the allegations in the Interim Application are disputed and have already been traversed in what Mr Shah cheerfully calls an Affidavit in Replyi but whichi at Page 3 of 4 25th March 2021 14-IA-392-2021 IN TP-377-2008 WITH IAL-3334-2021 IN TP-377-2008.DOC least in its sheer bulki rivals the telephone directory of a small township. Liberty to Mr Shah's attorneys to fle nonetheless.
9. List the matter on 7th April 2021 along with other Interim Applications for the post-grant amendment. A copy of the Interim Application is to hand over to Dr Chandrachud.
10. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production of a digitally signed copy of this order.
(G. S. PATEL, J) Page 4 of 4 25th March 2021