Bombay High Court
Rakesh Gujral vs Eden George Wallace (Deceased) on 10 July, 2019
Author: A.K. Menon
Bench: A.K. Menon
rrpillai 22-tp-21-2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
TESTAMENTARY PETITION NO. 21 OF 2017
Rakesh Gujral ... Petitioner
vs.
Eden George Wallace (Deceased) ... Deceased
Mr. Shanay Shah a/w. Ms. Pratiksha Mody and Ms. Chhaya Asher i/b. M/s. K.
Ashar & Co. for the Petitioner.
None for the Respondent.
CORAM : A.K. MENON, J.
DATED : 10 th JULY, 2019 P.C. :
1. This petition seeks issuance of letters of administration with authenticated copy of the Will pertaining to Mr. Eden George Wallace.
Learned counsel for the petitioner submits that the petition is maintainable by virtue of section 228 of the Indian Succession Act read with Section 5(2).He further submits that Rule 436 of the Bombay High Court (Original Side) Rules will have no application in the instant case since under Section 228 he is entitled to apply.
2. In view of the fact that succession is being sought only in respect of certain shares which constitute movable property that is regulated by the law of the country in which the testator was domiciled, in the present case in 1/2 22-tp-21-2017.odt England, he relies upon a notarial certificate at Exhibit B which appears to certify the accompanying grant. The notarial certificate does not refer to the grant.
3. In that view of the matter it is appropriate that the original probate certificate of High court of Justice at England be called for. Learned counsel seeks time. At his request stand over to 20 th August, 2019.
(A.K. MENON,J.)
Digitally signed by
Rajeshwari R.
Rajeshwari Pillai
R. Pillai Date: 2019.07.12
11:05:01 +0530
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