BOMI PIROJSHAW Vs. CYRUS S BADSHAH

JUDGEMENT

(1.) This petition is for revocation of the Letters of Administration granted to the respondents. The petitioner claims to be the executor of the last Will and Testament of the deceased one Dr. Shahapoor Behram Badshah who died in Bayreuit, Germany on 26th March, 2007. It is his case that the Will, though known to the respondents, was suppressed and the Letters of Administration have been fraudulently obtained. Hence, he has applied for revocation.

(2.) The Will is dated 19.1.2000. It is registered on that date itself before the Sub Registrar of Assurances. Under the said Will, a Trust called Dr. Shapoor Behram Badshah Charitable Trust is created. Certain properties are bequeathed to the respondents herein who are the two sons of the deceased. A large part of an immovable property is settled upon Trust. There is no separate Deed of Trust prepared. There are certain other small properties movable and immovable which are also to vest in the Trust.

(3.) The petitioner is a contractor. He was given a contract to build a building for the purposes of a hospital for the Charitable Trust proposed by the deceased. It was to be an Ashram to be used as a Rehabilitation Centre for street children. The petitioner had to construct a hospital, prayer hall and an Ashram. The respondents were to administer the affairs of the hospital, Ashram and prayer hall. If they declined, the administration would vest in the petitioner as the executor for managing the affairs of the Trust by the petitioner on behalf of the Trust.