SUDHIR ASHER Vs. VIJAY SHROFF

JUDGEMENT

(1.) This appeal arises out of questions answered on an originating summons filed by the respondents Nos.1 and 2 as executors of the will of Dharam Singh Suraiya (referred to as the deceased). The testator was the owner of several immoveable properties and moveable properties including shares in Food Specialities Private Limited and Suraiya Brothers Private Limited. Prior to his death the testator executed a will on 13th September 1971 at Bangalore appointing the respondents Nos.1 and 2 as well as one Vijay Merchant as executors of his will. After the testator's death on 4th July 1972, the respondent Nos.1 and 2 applied and obtained probate from this court in respect of the Will. The testator bequeathed several immoveable properties to named legatees. One of the properties was the house and grounds at No.40, East End Road, and Bangalore known as Rita Bhavan. This property was bequeathed to Sm. Grace Shanthappa, the respondent No.3 herein. The testator also bequeathed the shares to named legatees in this language "I have benequath the following specific legacies to the under mentioned for their sole use and benefits". In making these bequests the testator named the quality of the shares, the company and the legatees in respect of Suraiya Brothers Private Limited as well as Food Specialities Limited. There were 38 recipients of the shares of which 250 shares in Food Specialities Private Limited were given to Sudhir Asher (the appellant No.1 herein), 250 shares in Food Specialities Private Limited were given to Usha Asher (now Usha Sampat, the appellant No.2), and 1500 shares of Food Specialities Private Limited were given to Grace Shanthappa.

(2.) The will went on to state, "after payment of the aforesaid legacies, testamentary dues and debts whatsoever I give bequeath the rest and residue of my estate unto Miss Anita Suraiya (Minor)". Direction was also given to the executor in connection with the legacies of Anita Suraiya until the minor attained the age of 18 years.

(3.) The originating summons, which was taken out by two of the three executors before this court on 20th July 1983 was for determination of the following questions: