LAWS(CAL)-2021-12-68

IN THE GOODS OF: SHRI OM PRAKASH MANIYAR (DECEASED) Vs. IN THE GOODS OF: SHRI OM PRAKASH MANIYAR (DECEASED)

Decided On December 24, 2021
In The Goods Of: Shri Om Prakash Maniyar (Deceased) Appellant
V/S
In The Goods Of: Shri Om Prakash Maniyar (Deceased) Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner/executrix of the last Will and testament dtd. 03/08/2020 of Om Prakash Maniyar, since deceased, seeks further ad interim order of injunction in respect of the assets and properties of the deceased, with regard to which probate has been sought and a prayer for appointment of administrative pendentelitehas been made.

(2.) Learned counsel contends that the objector Subhas Maniyar, who is one of the sons of the deceased as well as a legatee under the Will dtd. 03/08/2020 , is attempting to change the entire shareholding of the trust, to which the other legatee (another son) of DheerajManiyaris also entitled.

(3.) Learned counsel submits Subhas is altering the shareholding, and thereby control, in respect of at least three companies, the shares of which were part of the assets of the testator and to the profits of which both Subhas and Dheeraj, are entitled at the rate of 45 per cent each, as per the Will dtd. 03/08/2020 .