RAMESH NIVRUTTI BHAGWAT Vs. SURENDRA MANOHAR PARAKHE

JUDGEMENT

(1.) This appeal by special leave questions the decision of the Bombay High Court affirming the rejection of an application for revocation of letters of administration granted to the respondent, (hereafter "the LOA holder"), in respect of the will of deceased Mrs. Antoinette Bendre Bhagwat (hereafter "Antoinette").

(2.) Antoinette was the wife of Balaji Balwant Bhagwat (hereafter "Balaji"). The couple were permanent residents of California, US and were US citizens. Balaji predeceased Antoinette, bequeathing all properties to her. She died on 23.1.1981 at Alhambra, Los Angeles County, California. U.S.A. In her last will dated 24.6.1977, she bequeathed her properties to her husband. The will stipulated that in the event of Balaji predeceasing her, the property was to vest in an inter - vivos trust. The trust was created by the testatrix and her husband by a deed dated 24.6.1977. The Executor had filed a petition for probate of Antoinette's will (Probate Case No. 662463 in the Superior Court of the State of California for Los Angeles County). It was probated on 26.2.1981.

(3.) On 02.11.1982, Dinkar Sambhaji Patole (hereafter "Patole") as constituted attorney of the original executor's successor, applied to the Bombay High Court (Petition No. 915/ 1982) for grant of letters of administration with an authenticated copy of the will annexed to the petition, in respect of the property and credit of the deceased, in the State of Maharashtra. Patole died during the pendency of proceedings which were continued by Dr. Surendra Manohar Parakhe who was duly brought on record. letters of administration were granted by the High Court by order dated 24.11.1994.