SHRI UMESHBHAI DESAIJEE MEMORIAL TRUSTversusUMED VAJENDRAPRASAD DESAIJEE

2026:BHC-OS:6896

                                                                           13 MPT-84-2017.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  TESTAMENTARY AND INTESTATE JURISDICTION

                                        MISC. PETITION NO. 84 OF 2017
                                                     IN
                                   TESTAMENTARY PETITION NO. 307 OF 2016

                   Shri Umeshbhai Desaijee Memorial Trust                  ...Petitioner
                             Versus
                   Umed Vajendraprasad Desaijee                            ...Respondent
                                                    ——————
                   Mr. Tejas Vora, D. R. Mishra i/b Malvi Ranchodas and Co. for Petitioner.
                   Mr. Vedchetan Patil, Sunayana Kashid, Mr. Parth Munde for Respondent.
                                                    ——————

                                               CORAM : SHARMILA U. DESHMUKH, J.
                                               DATE    : MARCH 18, 2026
                   P. C. :
                   1.        The Miscellaneous Petition has been filed under Section 263 of

                   the Indian Succession Act, 1925 seeking revocation of grant of letters

                   of administration dated 19th September, 2016 in favor of the

                   Respondent.

                   2.        Briefly stated the facts are that the Testamentary Petition was

                   filed by the Respondent for seeking Letters of Administration in

                   respect of the estate of his stepmother on the ground of intestacy. The

                   Testamentary Petition after compliance of the required procedure

                   resulted in issuance of grant. The schedule of assets to the

                   Testamentary Petition sets out sole property described as Desaiji

                   Bungalow standing at Survey No. 46, Hissa No. 3A at Taluka - Borivali,



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District – Mumbai.

3.       The present Petition has been filed by Trust claiming that the

property which forms schedule of assets in the Testamentary Petition

was settled by the deceased Manoramaben in Trust by way of

registered Gift Deed executed on 5th November, 1999. It is stated that

there were subsequent revenue proceedings initiated by Respondent

herein for mutating his name in the revenue records of the property as

the sole surviving heir of Manoramaben. In these proceedings, it is

claimed, that the Trust Deed as well as the Gift Deed was brought to

the knowledge of the Respondent and despite thereof, the

Testamentary Petition came to be filed seeking grant of letters of

administration. It is further pointed out that the suit has been filed by

Respondent for cancellation of the Gift Deed of 1999 before the Civil

Court which is pending adjudication.

4.       Learned counsel appearing for Petitioner has taken this Court

through the averments in the Petition to contend that by virtue of the

property having been settled by the Trust, the grant of letters of

administration has been rendered inoperative and ought to be

revoked. He submits that challenge to the Gift Deed is pending before

the Trial Court and right, title and interest of the respective parties

would be governed by outcome of civil court proceedings. He submits

that however, by virtue of letters of administration, rights are sought

to be asserted in respect of subject property and hence, the Petition


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for revocation is filed.

5.       Learned counsel appearing for Respondent would submit that

the Petitioner is the sole surviving heir of the deceased Manormaben.

He submits that there were proceedings filed between the deceased

Manormaben and her husband on apprehension of dispossession by

virtue of second marriage with Respondent’s mother. He points out to

the Consent Terms filed by the deceased and her husband in Civil Court

proceedings as well as subsequent declarations by the deceased

accepting her husband’s right in the property. He submits that the suit

has been filed challenging the Gift Deed and the letters of

administration was properly obtained. He submits that there was no

necessity of citing the present Petitioner who has no caveatable

interest.

6.       I have considered the submissions and perused the record.

7.       Though one of the contentions in Miscellaneous Petition is that

the grant has been obtained fraudulently, this Court is not inclined to

go into the said aspect. It is an admitted position that Gift Deed was

executed in the year 1999 by the deceased settling the property in

favor of the Trust which is the Petitioner herein. The fact that the Gift

Deed is being challenged implies an admitted position by both the

parties that the subject property is subject-matter of the Gift Deed.

The Letters of Administration has been sought only in respect of the

property which is the subject-matter of the Gift Deed. By virtue of the


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grant of letters of administration, the Respondent has been given

right to administer the estate of the deceased. The rights to administer

the estate of the deceased flows from the grant which has been issued

by this Court and considering the sole property in respect of which the

grant was issued was already settled by the deceased in favor of the

Petitioner, the grant has become inoperative under explanation (d) to

Section 263 of Indian Succession Act, 1925 which provides for just

cause to exist where the grant has become useless and inoperative

through circumstances.

8.       In light of the said position, just cause is made out for revocation

of letters of administration which is hereby revoked.

9.       It is made clear that revocation of grant of letters of

administration will not influence the merits of pending litigation

before the Trial Court/revenue proceedings which is required to be

decided on its own merits and in accordance with law.

10.      Miscellaneous Petition is allowed.

11.      The Letters of Administration dated 19th September, 2016

granted to the Respondent is revoked. The Respondent is directed to

deposit the original grant with the office of Prothonotary and Senior

Master within a period of two weeks from today.



                                        [SHARMILA U. DESHMUKH, J.]




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