Perviz Nariman Hathidaroo And ANR. v. Roda Rusi Bharucha (Deceased)

916-NMT100-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY & INTESTATE JURISDICTION NOTICE OF MOTION NO. 100 OF 2016 IN TESTAMENTARY PETITION NO. 748 OF 2009 Roda Rusi Bharucha ...Deceased And Perviz Nariman Hathidaroo & Another

...Petitioners

Mr. C.G. Gavnekar, i/b Mr. G.S. Hiranandani, for the Petitioners. CORAM: G.S. PATEL, J DATED:

15th June 2016 PC:- 1.

The Applicant was original Petitioner No. 2 in this Petition for probate. The 1st Petitioner, Perviz Nariman Hathodaroo, has passed away. The application is to permit the 2nd Petitioner to continue as the sole executor and for reliefs relating to the operation of certain bank accounts. The matter is not contested. 2.

The Notice of Motion is made absolute in terms of prayer clauses (a), (b), (I) and (c), which read as follows: "(a) the Applicant (Original Petitioner No. 2) be declared as the Sole Executor entitled to 15th June 2016

916-NMT100-16.DOC administer the estate of the Deceased as per her Will dated 1st August 2007;

(b) the Applicant (Original Petitioner No. 2) be permitted to operate Bank Account and deal with estate of the Deceased as Sole Executor for Items 11, 12, 13, 14 and 15 of Schedule 1 (Valuation of Movable and Immovable Properties of the Deceased):

I.

To operate solely Savings Bank A/c. No.

0283010091181 in United Bank of India, Peddar Road Branch, Mumbai being the sole surviving Executor named in Will dated 1st August 2007 of the deceased above named Roda R. Bharucha.

(c) To deal with the amounts standing to the credit of the Deceased in the above mentioned Savings Bank Account which was being operated jointly with Late Joint Executor Perviz Nariman Hathodaroo as per the Will of the deceased dated 1st August 2007 and the same be allowed to be operated singly by the present Applicant (Original Petitioner No. 2);"

3.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 15th June 2016