13 MPT-84-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO. 84 OF 2017 IN TESTAMENTARY PETITION NO. 307 OF 2016 Shri Umeshbhai Desaijee Memorial Trust ...Petitioner Versus Umed Vajendraprasad Desaijee ...Respondent —————— Mr. Tejas Vora, D. R. Mishra i/b Malvi Ranchodas and Co. for Petitioner. Mr. Vedchetan Patil, Sunayana Kashid, Mr. Parth Munde for Respondent. —————— CORAM : SHARMILA U. DESHMUKH, J. DATE : MARCH 18, 2026 P. C. : 1. The Miscellaneous Petition has been filed under Section 263 of the Indian Succession Act, 1925 seeking revocation of grant of letters of administration dated 19th September, 2016 in favor of the Respondent. 2. Briefly stated the facts are that the Testamentary Petition was filed by the Respondent for seeking Letters of Administration in respect of the estate of his stepmother on the ground of intestacy. The Testamentary Petition after compliance of the required procedure resulted in issuance of grant. The schedule of assets to the Testamentary Petition sets out sole property described as Desaiji Bungalow standing at Survey No. 46, Hissa No. 3A at Taluka - Borivali, Sairaj 1 of 4 2026:BHC-OS:6896 13 MPT-84-2017.doc District – Mumbai. 3. The present Petition has been filed by Trust claiming that the property which forms schedule of assets in the Testamentary Petition was settled by the deceased Manoramaben in Trust by way of registered Gift Deed executed on 5th November, 1999. It is stated that there were subsequent revenue proceedings initiated by Respondent herein for mutating his name in the revenue records of the property as the sole surviving heir of Manoramaben. In these proceedings, it is claimed, that the Trust Deed as well as the Gift Deed was brought to the knowledge of the Respondent and despite thereof, the Testamentary Petition came to be filed seeking grant of letters of administration. It is further pointed out that the suit has been filed by Respondent for cancellation of the Gift Deed of 1999 before the Civil Court which is pending adjudication. 4. Learned counsel appearing for Petitioner has taken this Court through the averments in the Petition to contend that by virtue of the property having been settled by the Trust, the grant of letters of administration has been rendered inoperative and ought to be revoked. He submits that challenge to the Gift Deed is pending before the Trial Court and right, title and interest of the respective parties would be governed by outcome of civil court proceedings. He submits that however, by virtue of letters of administration, rights are sought to be asserted in respect of subject property and hence, the Petition Sairaj 2 of 4 13 MPT-84-2017.doc for revocation is filed. 5. Learned counsel appearing for Respondent would submit that the Petitioner is the sole surviving heir of the deceased Manormaben. He submits that there were proceedings filed between the deceased Manormaben and her husband on apprehension of dispossession by virtue of second marriage with Respondent’s mother. He points out to the Consent Terms filed by the deceased and her husband in Civil Court proceedings as well as subsequent declarations by the deceased accepting her husband’s right in the property. He submits that the suit has been filed challenging the Gift Deed and the letters of administration was properly obtained. He submits that there was no necessity of citing the present Petitioner who has no caveatable interest. 6. I have considered the submissions and perused the record. 7. Though one of the contentions in Miscellaneous Petition is that the grant has been obtained fraudulently, this Court is not inclined to go into the said aspect. It is an admitted position that Gift Deed was executed in the year 1999 by the deceased settling the property in favor of the Trust which is the Petitioner herein. The fact that the Gift Deed is being challenged implies an admitted position by both the parties that the subject property is subject-matter of the Gift Deed. The Letters of Administration has been sought only in respect of the property which is the subject-matter of the Gift Deed. By virtue of the Sairaj 3 of 4 13 MPT-84-2017.doc grant of letters of administration, the Respondent has been given right to administer the estate of the deceased. The rights to administer the estate of the deceased flows from the grant which has been issued by this Court and considering the sole property in respect of which the grant was issued was already settled by the deceased in favor of the Petitioner, the grant has become inoperative under explanation (d) to Section 263 of Indian Succession Act, 1925 which provides for just cause to exist where the grant has become useless and inoperative through circumstances. 8. In light of the said position, just cause is made out for revocation of letters of administration which is hereby revoked. 9. It is made clear that revocation of grant of letters of administration will not influence the merits of pending litigation before the Trial Court/revenue proceedings which is required to be decided on its own merits and in accordance with law. 10. Miscellaneous Petition is allowed. 11. The Letters of Administration dated 19th September, 2016 granted to the Respondent is revoked. The Respondent is directed to deposit the original grant with the office of Prothonotary and Senior Master within a period of two weeks from today. [SHARMILA U. DESHMUKH, J.] Sairaj 4 of 4