RAMESH M HARIA Vs. LAXMI JIVRAJ SHAH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Plaintiff/Petitioner has instituted this suit/petition for Letters of Administration to the property and credits of one Lalji Ravji Haria who admittedly died intestate on 31.5.1968. The properties, as they were initially incorporated, in Schedule I appended to the Petition were as under :

(3.) The Plaintiff/Petitioner is the grand-son of deceased Lalji Haria. Lalji Haria died on 14th April, 1980 leaving behind three daughters, the widow of his pre-deceased son, and a sister. The plaintiff/petitioner is the son of the said predeceased son and the caveatrix/defendant is the daughter of Lalji Haria. The petition was filed on 9th December, 1988. After service of citation, the defendant/caveatrix filed a caveat opposing the petition mainly on the ground that the petitioner did not disclosed all the assets/properties of the deceased in the schedule appended to the petition and that the Petitioner is not a fit person to be granted Letters of Administration to the estate of the deceased. It was also opposed on the ground that an intention of the plaintiff/petitioner, to obtain Letter of Administration, is to usurp the entire estate of the deceased including the premises in "Arihant building" being constructed in the place of old building at Daruwala compound, Lamington Road, wherein the deceased had a room No.6 as a tenant and also the premises at Andheri which was allotted by the developer to the deceased as a transit accommodation. It is against the backdrop of these facts the following issues, as were framed vide order dated 19th December, 2007, fall for my consideration: