Rangildas Lallubhai Trust Through Indravardan Rangildas Parekh Sole Surviving Trustee Of Trust v. Rangildas Lallubhai Trust

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION TRUST PETITION NO.2 OF 2025 Rangildas Lallubhai Trust Through Indravardan Rangildas Parekh Sole Surviving Trustee Of Trust

...Petitioner

Versus

Rangildas Lallubhai Trust

...Respondent

_____________________________________________________ Ms. Jyoti Badgujar, for the Petitioner.

Ms. Pooja Kane, Amicus curiae, for the Respondent. _____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATED :

12 DECEMBER 2025 P.C.:

1.

Learned counsel for the petitioner to carry out the amendment forthwith in the Court's copy.

2.

By this petition, the petitioner seeks appointment of the trustees to the trust since all the trustees have passed away. 3.

Under the orders of the Court the issue involved in the petition was published in the newspaper, so as to invite any objections. However, no objections have been received.

by RAJESHWARI SUBODH KARVE Date:

2025.12.12 14:52:59 +0530 RAJESHWARI SUBODH KARVE 4.

Learned counsel for the petitioner does not press prayer clause (b) and the only prayer clause which is pressed today is prayer clause (f).

5.

I have perused the papers and heard learned counsel for the petitioner and learned amicus curiae. Under Section 73(b) of Indian Trust Act, 1882 legal representatives of the last surviving trustee can appoint other trustees. In this case, petitioner No.4 is a legal representative of the last surviving trustee and, therefore, he is competent under Section 73 (b) Indian Trust Act, 1882 to appoint other trustees. I have not been shown any material for coming to the conclusion that petitioner No.4, who is legal representative of the last surviving trustee is incapacitated or incapable for appointing other trustees.

6.

Since the legal representative of last surviving trustee is capable under Section 73 (b) Indian Trust Act, 1882, the prayers pressed for in this petition would not survive and the legal representative of the last surviving trustee would be free to appoint the trustee under Section 73 of Indian Trust Act, 1882.

7.

The petition is disposed of in the above terms. 8.

The Court appreciates the assistance rendered by learned Amicus curiae in this matter.

[ JITENDRA JAIN, J. ]