Calcutta High Court
Perviz John Colah & Others vs The Administrator General on 11 August, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
ATA No. 1 of 2010 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Perviz John Colah & Others Versus The Administrator General, West Bengal and the Official Trustee West Bengal Before:
The Hon'ble Justice Sanjib Banerjee Date: 11th August 2010 Appearance:
Mr. Aniruddha Mitra, Advocate Mr. Indranil Nandi, Advocate The petitioners claim to be the donees under a registered deed of gift by which the donors apparently gifted their interest in premises no.221, AJC Bose, Kolkata - 700017 in favour of the petitioners. The petitioners claim that the deed of trust provided for the property to come to the heirs of the settlor upon the expiry of the settlor and his widow and upon the four children of the settlor as beneficiaries attaining majority.
Of the four children of the settlor, son Jal Colah and daughter Goloo Colah survive. Son Minoo Colah and daughter Mehru Colah have expired. Mehru Colah expired unmarried and without having any issue. Minoo Colah has expired and, according to the petitioners, his heirs are available.2
Since under the deed, the "corpus" has to be returned to the heirs of the settlor, the surviving heirs of the settlor should all file individual affidavits clarifying their stand.
The Official Trustee's understanding of the corpus is not the entirety of the property at premises no.221, AJC Bose Road but only the usufructs therefrom. The petitioners' understanding of the term "corpus" is the entirety of the property.
Let the matter appear four weeks hence for the individual affidavits of the heirs of the settlor being produced.
Urgent certified photocopies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Sanjib Banerjee, J.) R. Bose A.R.(CR).