LAWS(BOM)-2010-12-137

FERANI HOTELS PVT. LTD. Vs. NUSLI NEVILLE WADIA

Decided On December 15, 2010
Ferani Hotels Pvt. Ltd. Appellant
V/S
NUSLI NEVILLE WADIA Respondents

JUDGEMENT

(1.) This Petition was filed for revocation and annulment of the order dated 20th November, 2003 authprising and permitting the Respondent to continue to act as Administrator of the estate of one Eduljee Framroze Dinshaw passed in Miscellaneous Petition No.41 of 2003, to remove the Respondent from the office of Administrator of the estate of the deceased and to appoint a fit and proper person, including the Petitioner as such Administrator, for disclosure of the estate of the deceased and accounts.

(2.) The deceased died in New York, United States of America (U.S.A.) on 14th March, 1970 leaving behind his last Will and Testament dated 4th February, 1970 (the Will). Under Clause IV of the Will, the deceased (the testator) bequeathed a life interest in the net income of his properties in India to his sister one Mrs. Bachoobai Woronzow Dashkow (Bachoobai) and upon her death to two charitable institutions in the U.S. the Salvation Army and the American Society for the Prevention of Cruelty to Animals (U.S. Charities). Clause IV reads thus:

(3.) Under Clause VIII of the Will, he appointed Bachoobai as the executrix of his Will and certain other as successor executor in the event that she pre-deceased him, failed to qualify or ceased to act for any reason. He authorised them to designate another individual to act on their behalf if they could not act in a foreign jurisdiction. The relevant part of Clause VIII of the Will runs thus :-