Document Fragment View

Matching Fragments

The matter is uncontested. It is a Petition for Letters of Administration with Will annexed. A previous Bench had requested ASHWINI Mr Aurup Dasgupta to take up the matter pro-bono. He agreed. HULGOJI GAJAKOSH

2. The Petitioners are the Bombay Parsi Punchayet (" BPP") Date: 2021.10.04 and its trustees.

10:55:24 +0530

3. Unfortunately, while the matter was pending in the Registry, where there were several unusual requisitions that had to be dealt with, one of the trustees of the BPP, Mr Viraf D Mehta, was noted in various documents, including meetings and notes of meetings, as having made some completely unacceptable statements against Mr 1st October 2021 33-TPL-7532-2021.DOC Dasgupta and, by inevitable and necessary implication, against this Court.

5. The sworn statement of Mr Mehta is taken on record and marked "X" for identification. It is not to be uploaded. However, it will be retained with the principal papers and is not to be sent for destruction in the normal course. Mr Dasgupta is at liberty to take a copy of the statement.

6. The objection raised by the Registry questions how the BPP can maintain such a Petition. For this, one has to have regard to the provisions of the Will. This is at page 13 of the Petition. It says that the deceased Sorab Modi's property at 41-42 C, Meherina, 51/C, Nepean Sea Road, Mumbai 400 036 is to be given to a charity for building or residential park. Of the total area built, 51% is to be reserved for the Parsi community and 49% for all others.

9. Given that the bulk of the bequest is to a charity meant for members of the Parsi community, it is difficult to resist the submission by Mr Dasgupta that the BPP is best placed to effect the bequest in accordance with its intended terms. In its current working, the BPP, which is a registered Trust under the Maharashtra Public Trusts Act makes extensive provisions including residential accommodation for deserving or needy members of the Parsi community. The bequest in question is not one intended to be used by any individuals for personal benefit or gain. The question from the registry really is how can the BPP be said to be a "a beneficiary" under this Will?

12. What BPP seeks to do today is in fact narrower. It takes on the burden of the administering the estate because the major beneficiary will be members of the Parsi community of which the BPP is the single most prominent Trust. In this task, it will have to make provision for 49% for other community. It is difficult to say therefore that the BPP cannot or is somehow disqualified from seeking letters 1st October 2021 33-TPL-7532-2021.DOC of administration with Will annexed. The Will is directed to a charitable cause, and makes provision for Parsis. That is the BPP's charter. The purpose of the Will is unquestionably best served by the BPP. It has the necessary resources to give full effect to the Will.