GAUTAM GORDHANDAS MEHTA Vs. XXX

JUDGEMENT

(1.) By this Application filed under Sec. 301 of the Indian Succession Act, 1925 ('ISA'), the Applicant - who is both the sole beneficiary and the Executor to the deceased estate - seeks appointment of a new Executor on account of his advanced age, ill- health and consequent inability to discharge his duties relating to transfer and administration of the estate's assets.

(2.) Gordhandas Girdhalal Mehta (the deceased) passed away on 11/1/1999, leaving behind his wife Vimlaben and son - the present Applicant. The deceased left a Will dtd. 2/10/1984 whereby he appointed his wife, his son, and CA Narendra Mehta as Executors with a power to appoint other persons as Executors upon demise or retirement of any of the named Executors or upon their choosing. His wife Vimlaben and his son the Applicant, were named as beneficiaries in respect of certain movable and immovable properties. The assets of the deceased are situated in Sewree, Khandala and Kolkata. The estate is valued at approximately Rs.44.00 crores.

(3.) On 24/3/2000, Vimlaben expired intestate, leaving behind the Applicant as her only heir. The Applicant is, therefore, the sole heir and beneficiary to the estates of both his parents - Gordhandas and Vimlaben.