LAWS(BOM)-2025-1-243

KALPANA NAMBIAR Vs. KRISHNAKUMAR RAJAGOPAL MENON

Decided On January 16, 2025
Kalpana Nambiar Appellant
V/S
Krishnakumar Rajagopal Menon Respondents

JUDGEMENT

(1.) This Petition is filed, inter alia, to remove the Respondent who has been appointed as an executrix, under the Will and last testament dtd. 21/4/2012, of Puthenveetil Rajagopal Menon (deceased), and allow the Petitioner Nos.1 and 3 to administer the property and credits of the deceased and also to direct the Respondent - executrix to produce proof of payments, give inspection and furnish copies of the documents, receipts and vouchers, referred to in the affidavit to file inventory and accounts, to deposit the original documents of title and also direct the Respondent - executrix to join the Petitioners in the sale of the property situated at Peramangalam Village, Thrissur District, Kerala (Ambadi House property) and restrain the Respondent, acting as executrix, from unilaterally selling, transferring, alienating or otherwise creating any third party rights in the said Ambadi House property.

(2.) The Petition arises in the backdrop of the following facts :

(3.) The Petitioners assert, post grant of Probate, the Respondent has abused her position as executrix and committed various acts of commission and omission detrimental to the estate of the deceased and interest of the beneficiaries under the Will.