RHEA PARTHASARATHY Vs. SONALI NIMESH LOKHANDWALA

JUDGEMENT

(1.) By the present Application, the Applicant inter alia seeks dismissal of the Caveat filed by the Caveatrix in the Petition. The Petition itself seeks grant of Letters of Administration of the Joint Will and Testament dtd. 4/11/2018 (Exh.B Page 21 to the Petition) and Joint Codicil dtd. 31/5/2019 (Exh.B1 Page 33 to the Petition) of the deceased, who were the adoptive parents of the Applicant-Petitioner.

(2.) The Applicant is the duly adopted daughter of Mr. Ravi Parthasarathy and Dr. (Mrs.) Vishpala Parthasarathy (hereinafter jointly referred to as "the said deceased"). The Order of Adoption is annexed at Exh. A, Page 19 to the Interim Application. They expired on 27/4/2022 and 6/11/2023 respectively. The Joint Will dtd. 4/11/2018 and a Joint Codicil thereto dtd. 31/5/2019 executed by them are hereinafter collectively referred to as "the said Joint Will". The Applicant is the sole surviving Class I legal heir and next of kin of the said deceased, under the Hindu Succession Act, 1956.

(3.) The Applicant was constrained to file the Petition seeking grant of Letters of Administration in respect of the said Joint Will of the said deceased because the named executors under the said Joint Will renounced their office as Executors and Trustees of the said Joint Will their communications dtd. 13/12/2022 (Exh.C1 Page 63 to the Petition), dtd. 20/9/2024 (Exh.C2 Page 65 to the Petition), dtd. 21/9/2024 (Exh.C3 Page 66 to the Petition),