MANOHAR SHAMRAO PARELKAR Vs. HARIHAR SHANKARRAO PARELKAR

JUDGEMENT

(1.) THIS is a petition for Letters of Administration to the estate, property and credits of one Shankarrao H. Parelkar ("Shankarrao"), who died on 8th November 1979. Shankarrao was survived by his widow Sitabai; his sons Manohar, Yeshwant and Harihar; and a daughter, Sarojini Bhatte. Shankarrao died intestate; none have propounded any Will or testamentary writing. His estate would, therefore, devolve as on intestacy, with a 1/5th or 20% share in his estate going to his widow and four children respectively. This is not disputed.

(2.) AT the time of his death, Shankarrao was a 50% partner in a firm known as M/s Parelkar and Dallas. This was a firm of architects of some considerable repute and standing among architects and in the construction industry in Mumbai. It had considerable business, revenue and goodwill. The firm continues today, though, as we shall see, in considerably changed circumstances. The firm was first established on 19th October 1948 and has been in practice since then. Vinay Manohar Parelkar, Shankarrao's grandson (Mahonar's son) claims that he entered into partnership with the other 50% partner Mr. Dallas with effect from the date of Shankarrao's death. He claims to have been inducted into this partnership, but does not show that he paid any consideration for this either to Shankarrao's estate or to Mr. Dallas.

(3.) ON 20th October 1981, Manohar, Shankarrao's eldest son, filed the present Petition No. 825 of 1981 for Letters of Administration to Shankarrao's estate, property and credits. The petition includes a schedule of assets. Of the very many assets listed, there are also certain immovable properties, one of which is a land with building known as Sita Sadan at Plot No. 75, Keluskar Road, Shivaji Park, Dadar. There are other immovable properties too and there is also his interest in the partnership firm of Parelkar and Dallas. The petition, however, as originally brought showed Shankarrao's interest in this firm as being of the value of only Rs. 3167.10. Item 7 of the schedule of the estates to the Petition.