Plaintiff proves that as the proving sole executor of, and the
universal legatee under the last Will and Testament of late Banoo Nariman
Shroff ... Plaintiff proves that as the proving sole executor of, and the
universal legatee under the last Will and Testament of late Banoo Nariman Shroff
Defendant
No.1, Bhavin J. Soni - Defendant No.2 is a universal legatee. Since the Defendant
SSP 3/19
sjl 16105 of 2021
other inference than that of Dr. Thomas
having been constituted the universal legatee is sustainable.
The subsequent desire of Dr. Annie that Dr. Thomas shall
states as under:
"232. Grant of administration to universal or residuary
legatees.--When--
(a) the deceased has made a will, but has not appointed ... legatee.
17. Section 235 provides that Letter of Administration with the Will
annexed shall not be granted to any legatee other than the universal
property. The learned counsel would point out that Lakshmi being the
universal legatee of the entire estate of Chockalingam, there was no
Page
specifically mentioned. Rajagopal has been treated
as an universal legatee of Venkatasamy Naicker. Therefore,
the trial Court rightly approached the issue as regards
dated 28th May, 2021, the defendant No. 2
is the universal legatee. The defendant No. 1A to 1C have executed a
Vishal Parekar
declare my wife, Mrs. Komal Dhindsa, as the sole
beneficiary and universal legatee of this will and she shall be
entitled to all my estate ... husband, Mr. Gurdev Singh Dhindsa, as the sole
beneficiary and universal legatee of this will and she shall be entitled
to all my estate
which reads as follows:
"232. Grant of administration of universal or residuary legatees.
When --
(a) the deceased has made a Will ... administer the entire estate of
the deceased. In these circumstances, a universal legatee can be admitted
under Section 232(c) for grant of Letters
petitioner
Atmakury Kamala as wife and as she is the sole Universal Legatee
mentioned under the Will of the deceased, having effect limited
