Bombay High Court
THE ADMINISTRATOR GENERAL MAHARASHTRA STATEversusERACH SHAVAKSHAW SINGPURWALLA
- Decided
- Disposal
- DISPOSED OFF
- Bench
- MILIND N JADHAV
Holding
The Court held that the petition is maintainable and appointed the Administrator General as executor, granting him the requested powers to administer and dispose of the estate.
Summary
The Administrator General of Maharashtra filed a petition under Section 10 read with Section 25 of the Administrators‑General Act, 1963 (as amended by Maharashtra Act No.12 of 2002) seeking directions regarding the last will and testament of the deceased Dhun Homi Gheesta, who died on 25 September 2014. The original executors, Erach Shavakshaw Singpurwalla & Ors., had previously applied to renounce their executorship and the Court had allowed their renunciation on 10 July 2024 and 15 October 2024. The petitioner argued that there was no impediment to appointing the Administrator General as the new executor and to granting him powers to take possession of, manage and sell the estate, including police assistance if required. The Court examined the maintainability of the petition and the effect of the executors’ renunciation. It held that the petition was maintainable and ordered the appointment of the petitioner as executor, empowered him to collect and administer the estate, and allowed him to seek police assistance for possession and sale of immovable property. The petition was consequently allowed and disposed.
Issues considered
- Whether the petition filed by the Administrator General under the Administrators‑General Act is maintainable after the original executors have renounced their executorship.
- Whether the Court can appoint the Administrator General as executor in place of the renounced executors.
- Whether the petitioner can be empowered to take possession of, manage and sell the estate, including obtaining police assistance.
Legislation cited
- Administrators‑General Act, 1963 — s. 10, 25
- Maharashtra Act No. 12 of 2002
Subjects
- executor appointment
- renunciation of executorship
- probate
- Administrators‑General Act
- testamentary jurisdiction
- property possession
- police assistance
Judgment
29. MPT-363-25.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC. PETITION NO. 363 OF 2025
Dhun Homi Gheesta .. Deceased
The Administrator General, Maharashtra State .. Petitioner
Versus
Erach Shavakshaw Singpurwalla & Ors. .. Respondents
....................
Ms. Sheetal Malvankar, AGP for Petitioner
...................
CORAM : MILIND N. JADHAV, J.
DATE : APRIL 18, 2026
P. C.:
1. Heard Ms. Malvankar, learned AGP for Petitioner.
2. Present Petition is filed by learned Administrator General,
Maharashtra State under Section 10 read with Section 25 and all other
enabling provisions of the Administrators-General Act, 1963 in respect
of seeking appropriate directions for last Will and Testament and
property and credits of deceased who expired on 25.09.2014.
3. Learned AGP appearing on behalf of Petitioner informs the
Court that appropriate steps have been taken by Petitioner to persuade
the Executors to take further steps but they have shown their
reluctance. Order dated 10.07.2024 is appended at Exh. “G”, page
Nos. 206-208 of Petition and order dated 15.10.2024 is appended at
Exh. “H”, page Nos. 209-213 which has allowed the Application of
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29. MPT-363-25.odt
Executors who have voluntarily renounced their executorship in view
of which the present Petition is filed and therefore maintainable.
4. Copy of the probate issued by this Court in respect of last Will
and Testament is appended at Exh. "B", page Nos. 98-103. Schedule of
property of the deceased in respect of which present Petition is filed is
appended at Exh. "J", page Nos. 219-220 of Petition.
5. In view of the above, there can be no impediment in allowing
the present Petition. Hence Petition is allowed in terms of prayer
clauses (a) to (d) which reads thus:-
"(a) this Hon'ble Court be pleased to appoint this Petitioner as Executor
of the last Will and Testament dated 07/04/2008 of the deceased
Testator Dhun Homi Gheesta in place of the Respondents
abovenamed who have been permitted to renounce their
executorship of the said Will by orders dated 10/07/2024 and
15/10/2024 passed by this Hon'ble Court in Interim Application No.
1461 of 2024 in Testamentary Petition No. 981 of 2017 and Interim
Application No. 1462 of 2024 in Testamentary Petition No. 981 of
2017 with Interim Application No. 3118 of 2024 and Interim
Application No. (Lodging) 29512 of 2024 in the said Testamentary
Petition.
(b) this Hon'ble Court be pleased to empower this Petitioner to collect
and take possession of the estate of the Deceased testator Dhun
Homi Gheesta as reflected in the Schedule of property and credits at
Exhibit 'J' hereto and/or any other movable assets that may have
been still remained unadministered by the Respondents herein and
to hold and administer the same under the provisions of Section 10
and other enabling Provisions of the Administrators General Act,
1963 as amended by the (Maharashtra) Act No. 12 of 2002,
(c) this Hon'ble Court be pleased to allow this Petitioner to take
assistance from the Police, if necessary, for the purpose of taking
possession of the immovable property detailed in Schedule of
properties at Exhibit "J" hereto and to sell the same with due
procedure of law so as to fulfill the wishes of the deceased Testator
Dhun Homi Gheesta.
(d) this Hon'ble Court be pleased to grant liberty to the Petitioner to
apply further as and when required.
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29. MPT-363-25.odt
6. Petition is allowed and disposed.
Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.04.20
15:30:45 +0530
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