Bombay High Court
Darius Burjor Shroff vs Jaideep Singh Grewal on 16 August, 2024
Author: N. J. Jamadar
Bench: N. J. Jamadar
SANTOSH 501-MPTL25669-2024INTP4407-2023.DOC
SUBHASH
KULKARNI
Digitally signed by
SANTOSH SUBHASH
Santosh
KULKARNI
Date: 2024.08.16
17:02:30 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC. PETITION (L) NO. 25669 OF 2024
IN
TESTAMENTARY PETITION NO. 4407 OF 2023
Dairus Burjor Shroff and Ors. ...Petitioners
Versus
Jaideep Singh Grewal ...Respondent
Mr. Fredun Devitre, Senior Counsel a/w Mr. Gaurav Joshi,
Senior Counsel and Neeta Jain, i/b Rahul Jain, for the
Petitioners.
CORAM: N. J. JAMADAR, J.
DATED : 16th AUGUST, 2024
ORDER:-
1. Heard the learned Senior Counsel for the petitioners.
2. This petition is filed to set aside the order dated 16 th February, 2024 and revoke the succession certificate dated 15 th April, 2024 granted to the respondent in respect of debt and securities belonging to Jehangir Kaikhushroo Gora @ Jehangir K. Gora (the deceased), in TP/4407/2023.
3. The learned Counsel for the petitioner submits that the respondent herein - petitioner in TP/4407/2023, is apparently an impostor. A completely different line of succession has been pleaded by reference to the persons, who are not remotely 1/6 ::: Uploaded on - 16/08/2024 ::: Downloaded on - 24/08/2024 05:38:35 ::: 501-MPTL25669-2024INTP4407-2023.DOC related to the deceased. Attention of the Court is invited to the family tree at Exhibit-B, which indicates that the deceased was the son of Kaikhushroo Cowasji Gora and Tehmina Kaikhushroo Gora nee Tehmina Dady Burjor. The deceased had four siblings. The petitioner Nos.1 to 4 represent the branch of Banoo Dhunjishah Shroff and Khorshed Phiroze Devitre, the late brother and sister of the deceased.
4. The learned Senior Counsel invited the attention of the Court to the averments in the TP/4407/2023 wherein the respondent has averred that he is the great-grandson of the maternal aunt of the deceased. Celia Mary was stated to be the daughter of Kaikhushroo Gora and Mary Kaikhushroo Gora, who is shown to be the mother of the deceased. To buttress the submission that Tehmina Gora was the mother of the deceased, attention of the Court is invited to the Probate in respect of the last testament and Will of Tehmina Gora granted by this Court on 20th July, 1948, wherein Jehangir Gora, the deceased, and his sister Vera Gora and brother-in-law Dhunjishaw Shroff were appointed as the executors.
5. Mr. Devitre further submits that the death certificate annexed to TP/4407/2023 (Exhibit-A) is apparently a false document. The particulars furnished therein are palpably false. 2/6 ::: Uploaded on - 16/08/2024 ::: Downloaded on - 24/08/2024 05:38:35 :::
501-MPTL25669-2024INTP4407-2023.DOC The date of registration is shown 31st August, 2023 and certificate seems to have been issued on 31 st August, 2023. The date of death is shown 16th November, 2007. In contrast, the Obituary published in The Sunday Statesman, January 28, 1996 (Exhibit-C to the instant petition) indicates that the deceased passed away on 26th January, 1996, at Darjiling.
6. Mr. Devitre submits that there is an imminent threat of the respondent transferring the shares listed in the Schedule of the securities in the event the respondent becomes aware of the filing of this petition. Therefore, it is necessary to pass an ex parte ad-interim order in terms of prayer Clauses b(i) and b(iv). Mr. Devitre submits that an order not to act upon the succession certificate simplicitor, may not satisfy the exigency of the situation as the respondent may operate the Demat account and thereby liquidate the securities and thus the estate of the deceased would be lost.
7. I have perused the averments in the instant petition and TP/4407/2023. The fact that the Probate in respect of the last Will and Testament of Tehmina, the mother of the deceased, was granted by this Court wherein the deceased has been named as her son and the executor, prima facie, lends credence to the submission on behalf of the petitioners. It is pertinent to note 3/6 ::: Uploaded on - 16/08/2024 ::: Downloaded on - 24/08/2024 05:38:35 ::: 501-MPTL25669-2024INTP4407-2023.DOC the name of the father of the deceased in TP/4407/2023 and in the instant petition is identical. It prima facie appears that by representing that Mary was the mother of the deceased and the respondent - petitioner in TP/4407/2023 is the great-grandson of the maternal aunt of the deceased, the Testamentary Registrar was persuaded to grant the succession certificate. The intrinsic evidence of the death certificate prima facie lends support to the claim that it is not genuine. I am satisfied that a case for grant of ex parte ad-interim relief is made out and the object of granting injunction would be defeated, if notice is issued to the respondent. Therefore, till the matter is heard after providing an opportunity to the respondent, it is necessary to pass an ad-interim order to protect the estate of the deceased.
8. So far as the prayer in paragraph 47b(iv) of the petition, whereby the petitioners have prayed for freezing of Bank accounts and Demat Accounts of the respondent associated and/or opened with his PAN No.AAJPG2143B, at this juncture, having regard to the securities mentioned in the Schedule of the debts and securities, it does not appear necessary to freeze the Bank Accounts. The apprehension on the part of the petitioners that the respondent may liquidate the securities by operating the Demat Account, however, appears genuine. I am, therefore, 4/6 ::: Uploaded on - 16/08/2024 ::: Downloaded on - 24/08/2024 05:38:35 ::: 501-MPTL25669-2024INTP4407-2023.DOC inclined to grant ad-interim reliefs in terms of prayer Clauses b(i) and b(iv) excluding the bracketed portion.
9. Hence, the following order:
:ORDER:
(i) Issue notice to the respondent, returnable on 20 th August, 2024, "High on Board".
(ii) In addition to notice through Court, the petitioner is at liberty to serve the respondent by private service and file affidavit of service.
(iii) In the meanwhile, there shall be ad-interim relief in terms of prayer Clauses b(i) and b(iv), excluding the bracketed portion, which read as under:
b(i) the respondent be restrained by an order and injunction of this Hon'ble Court from in any manner acting in furtherance of the succession certificate issued by this Hon'ble Court dated 15 th April, 2024 and/or otherwise administering and/or dealing with the securities and bank accounts of the deceased assets out in Exhibit-F to the petition in any manner whatsoever. b(iv) This Hon'ble Court be pleased to pass an order freezing all [bank accounts and] demat accounts of the 5/6 ::: Uploaded on - 16/08/2024 ::: Downloaded on - 24/08/2024 05:38:35 ::: 501-MPTL25669-2024INTP4407-2023.DOC respondent associated and/or opened with his PAN No.AAJPG2143B and AADHAR CARD No.8779 2124 9837.
(iv) The petitioners shall comply with the provisions contained in Order XXXIX Rule 3 of the Code of Civil Procedure, 1908, before the next date.
[N. J. JAMADAR, J.] 6/6 ::: Uploaded on - 16/08/2024 ::: Downloaded on - 24/08/2024 05:38:35 :::