OTHERS Vs. DWARKADAS KALLIANDAS

JUDGEMENT

(1.) This is an application at the behest of an applicant applying for Letters of Administration seeking an order for protection and preservation of the estate of the deceased.

(2.) Learned advocate appearing in support of the application submits that, till such time the application for grant of letters of administration is disposed of, it is imperative that the Court takes suitable measures to protect the estate of the deceased. He submits that, the estate of the deceased is not safe with the caveatrix. Caveatrix obtained loan from the bank against mortgage of a valuable property belonging to the deceased. Caveatrix is likely to deal with the estate of the deceased inappropriately so as to make the assets of the estate unavailable on grant of the letters of Administration. In support of his contentions, learned Advocate for the petitioner relies upon AIR 1933 Bombay 342 ( Pandurang Shamrao Laud and Others vs. Dwarkadas Kalliandas and Others ) and AIR 1952 Cal 418 (In the goods of: Borendra Nath Mitter). He submits that, the fact that there are two proceedings in respect of the immovable property of the deceased. One of the proceedings is by the bank for recovery of claim against the caveatrix. The other is a suit for partition filed by one of the sisters of the deceased. He submits that, the fact that there does not exist any interim protection in the suit for partition does not disentitle the petitioner herein from obtaining the reliefs as prayed for.

(3.) Learned advocate appearing for the caveatrix submits that, the purported Will is a forgery. He submits that, the deceased died on April 4, 2004. Thereafter, in a suit filed by the petitioner, the petitioner did not disclose the existence of the purported Will right up to the appeal stage. He relies upon AIR 2015 Supreme Court 246 ( State of Orissa vs. Fakir Charan Sethi ) and submits that, there is a serious allegation of forgery. The story made out by the petitioner of discovery of the alleged Will is concocted and should not be relied upon. He submits that the petitioner failed to obtain any interim order in any of the earlier proceedings. Having failed to do so, the petitioner has made this frivolous application for grant of Letters of Administration on the basis of a purported Will. He submits that, his client should be allowed to have the purported Will examined by way of a handwriting expert. To such effect, his client made an application which is GA 1569 of 2019.