Bombay High Court
Vithaldas Laxmidas Bhatia vs Janak Alias Jaykar Sharadchandra Doshi ... on 13 October, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
26.TRPL.26498.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS EXTRA ORDINARY CIVIL JURISDICTION
AND
IN ITS INHERENT AND GENERAL JURISDICTION
TRUST PETITION (L) NO. 26498 OF 2022
In the matter of the Trust created under Indian
Trust Act VI of 1866 and formed under the
Order dated 17th November, 1930 passed by this
Hon'ble Court.
Mr. Vithaldas Laxmidas Bhatia ... Petitioner
CORAM : R.I. CHAGLA, J.
DATED : 13th OCTOBER, 2022.
ORDER :
1 The present Trust Petition is preferred by the Petitioner in his capacity as the sole surviving trustee of a private family trust known as 'Bai Mamubai Trust' also known as 'Bai Mamubai Bhimji Bhanji Trust' ("the said Trust") inter alia praying for dissolution of the said Trust and vesting of the trust property in the Petitioner. Waghmare 1/7
26.TRPL.26498.22.doc 2 Mrs. Bai Mamubai Bhimji Bhanji ("Mamubai") i.e., the paternal grandmother of the Petitioner under Clause 4 of her last Will and Testament dated 31st January 1922 ("said Will") had expressed her desire to create a trust during her lifetime out of her property at Ghatkopar for the maintenance and upkeep of Thakorji. However, no trust was formed during her lifetime and Mamubai passed away on 10th February, 1922. 3 After her demise, her son Laxmidas Bhimji Bhanji ("Laxmidas"), being her only legal heir and one of the executors of her Will, procured probate of the said Will from this Court and all the properties of Mamubai were vested in Laxmidas. However, Laxmidas passed away on 28th August, 1928 leaving behind Menubai (his widow), his son i.e., the Petitioner herein and his daughter, late Mrs. Nirmala Chandrasinh Sampat as his only legal heirs.
4 Thereafter, upon legal advice that Menubai received at that time, she preferred the Trust Petition for creation of Trust and accordingly, the said Trust came to be created by and under an order dated 17 th November 1930 ("said order") passed by this Court for maintenance and worship of private family idol "Thakorji" by the family members of Mamubai and the Ghatkopar Property referred therein came to be transferred to the Trust and the Receiver that was appointed for this Waghmare 2/7
26.TRPL.26498.22.doc property came to be discharged by this Court. Menubai was appointed as the Trustee by this Court and this Court further directed that the Petitioner herein, who at the time of formation of the said Trust was 4 years of age, would be appointed as a Trustee of the said trust upon him attaining majority. However, the duration of the said Trust was not specified in the said Order.
5 Accordingly, Menubai and upon attaining majority, the Petitioner herein were looking after the day to day affairs and management of the said Trust as well as the worship of Thakorji. Menubai passed away in the year 1990 and thereafter, this Court vide an Order dated 12th July 1991 passed in Trust Petition No. 8 of 1990 appointed Indu Vithaldas Bhatia ("Indu") i.e., the wife of the Petitioner herein as a Trustee of the said Trust. Indu passed away on 28 th May 2022 at the age of 91 years and thus, the Petitioner herein who is aged about 96 years is the sole Trustee of the said Trust.
6 Since the formation of Trust, the family members of Mamubai have managed the said Trust as well as carried out worship of the private family idol. The Petitioner has stated that since this is a private family idol, only the family members of Mamubai are entitled to worship Thakorji and no outsider is allowed to offer prayers to Thakorji. The Waghmare 3/7
26.TRPL.26498.22.doc photographs annexed to the Petition establish that Thakorji is currently installed in the residence wherein the Petitioner is residing with his family members and thus, no outsider is allowed to visit the said premises. 7 The Petitioner has further stated that his family members have been assisting the Petitioner in managing the affairs of the Trust but after his son Yagnesh who is aged about 64 years, there is no other male family member to look after the affairs and management of the said Trust. The Petitioner has also expressed that inconvenience is caused to the Petitioner and his family members to manage the said Trust and thus, it has become difficult for the Petitioner and his family members to continue with the said Trust and therefore, the Petitioner has expressed his desire to dissolve the said Trust.
8 Mamubai was the original owner of the said properties and after her demise, the same devolved upon her only legal heir Laxmidas. Laxmidas and Menubai both passed away leaving behind two children i.e. the Petitioner herein and one Mrs. Nirmala Chandrasinh Sampat also known as Mrs. Charulata Chandrasinh Sampat. Mrs. Charulata Chandrasinh Sampat and her husband have both passed away and they are survived by their only son viz. Mr. Bharat Chandrasinh Sampat. The Petitioner has produced before this Court an Affidavit of Mr. Bharat Waghmare 4/7
26.TRPL.26498.22.doc Chandrasinh Sampat dated 8th August 2022 under which Mr. Bharat Chandrasinh Sampat has expressed that he has no objection if the said Trust is dissolved and the properties of the said Trust are vested in his maternal uncle i.e. the Petitioner herein. Accordingly, prayer clause (a) in the Petition for dissolution of the said Trust is hereby allowed. 9 Under prayer clause (b), the Petitioner has prayed that upon dissolution of the said Trust, the properties vested in the Trust be transferred to the name of the Petitioner as the Petitioner is the only legal heir and successor to the estate of Laxmidas and Menubai. The list of properties currently held by the Trust is annexed at Exhibit-C of the present Petition and the same is as under:
List of Properties and Assets under the Trust namely Bai Mamubai Trust, also known as Bai Mamubai Bhimji Bhanji Trust
1. Immovable Property a. All that piece and parcel of land bearing Survey no. 255/7, presently admeasuring about 5619.2 sq. mts, (after partly selling the open land and partly giving away various setback areas), bearing CTS Nos. 5412 to 5425, 5425A, 5426 to 5450 and 5455, situated at M. G. Road, Ghatkopar (E), in the Registration District and Sub-district of Mumbai, Village Ghatkopar-Kirol, Taluka Kurla, together with the following buildings and structures standing thereon:Waghmare 5/7
26.TRPL.26498.22.doc i. Shop line abutting M. G. Road consisting of ground floor structure let out on tenancy basis (except for 3 shops which are in possession of the Trust) ii. Ground floor chawl namely 'Mali Shed' partly let out on tenancy basis (two rooms of the said Chawl are in possession of the Trust) iii. Residential Building known as 'Amrutdhara', consisting of Ground + 3 stories let out on tenancy basis (except for 1 flat which is in possession of the Trust) iv. Residential cum commercial building known as 'Neemchhaya', consisting of Ground + 6 stories, having shops on ground floor and residential flats out of which shops on the ground floor and flats on 1st to 3rd floor (except for 3 flats and 1 shop which are in possession of the Trust) are let out on tenancy basis and flats on the 4 th to 6th floors are sold on ownership basis.
b. Immovable property comprising of Flat no. 402, 903 and 904 in 'Neelkanth Royale CHS Ltd., Joshi Lane, M.G.Road, Ghatkopar East, Mumbai 400077.
2. Movable Property a. Current Account no. 70080200001505, in Bank of Baroda, Horniman Circle branch b. Savings Account no. 99410100011983 in Bank of Baroda, Hingwala Cross Lane, Ghatkopar (E), Mumbai-400077 branch. Waghmare 6/7
26.TRPL.26498.22.doc c. Fixed Deposits Receipt Nos. 99410300003697, 99410300005948, 99410300006103 (as on 31st March 2022) in Bank of Baroda, Hingwala Cross Lane, Ghatkopar (E) branch. d. Mutual Fund units in various schemes of DSP Mutual Fund in Folio no. 67143.
10 Accordingly, the Petitioner as the sole beneficiary and the only legal heir of Laxmidas and Mamubai, according to the rule of succession, is entitled to the said movable and immovable Trust properties mentioned hereinabove and thus, upon the dissolution of the said Trust, all these properties shall vest in the Petitioner with immediate effect and thus, prayer clause (b) is also allowed.
11 All the concerned authorities to give effect to this Order upon production of authenticated copy of this Order. Accordingly, the Trust Petition is disposed off.
(R.I. CHAGLA, J.) Digitally signed by WAISHALI WAISHALI SUSHIL SUSHIL WAGHMARE WAGHMARE Date:
2022.10.14 18:45:25 +0530 Waghmare 7/7