KARAN PAUL Vs. KAMALA JINDAL

JUDGEMENT

(1.) A very reputed businessman, namely, Jit Paul Aggarwal, also known only as Jit Paul said to have left behind a Will dated 23rd May, 1990(hereinafter referred to as the said Will). Under the said Will, he appointed his brother Swaraj Paul to be the sole executor and trustee. The said Jit Paul died on 3rd June, 2009. The probate of the Will was not applied for by the named executor. Under such circumstances, one of the beneficiaries and a legatee, namely, Karan Paul applied for letters of administration over and in respect of the estate of Jit Paul, with the said Will annexed (hereinafter referred to as the said application). The said application for grant of letters of administration was objected to by Ms. Kamala Jindal and Mrs. Sushma Berlia. The said application for letters of administration being PLA No.263 of 2011 was set down as contentious cause and was thereafter marked as Testamentary Suit No.8 of 2017.

(2.) Before the testamentary number was allotted to the said proceedings for grant of letters of administration, an application was made therein being GA 1188 of 2016, inter alia, for appointment of an administrator pendente lite. The said GA being no.1188 of 2016 was disposed of by an order dated 7th February, 2017, wherein Mr. Shyamal Sarkar, a learned senior advocate, was appointed as administrator pendente lite to discharge all duties and functions in terms of the provisions contained in Section 247 of the Indian Succession Act, 1925 (hereinafter referred to as the Act of 1925). The said order provides as follows :

(3.) By another order dated 20th December, 2016, passed in GA 2829 of 2016, Mr. Mahendra Parasrampuria was appointed to do the following :