1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION. MISC. PETITION NO.108 OF 2009 IN PETITION NO.264 OF 2009 Sanjay Johri alias Sanjaya Johri alias Sanjaya Shyam Johri alias Sanjay Shyam Johri .....Petitioner. Mr. Gaurav Joshi with Mr. Manek Kalyaniwala i/b Mulla & Mulla for the petitioner. CORAM: V. M. KANADE, J. DATE : 15TH JANUARY, 2010 P.C.:- 1. Heard the learned Counsel for the petitioner. 2. Petitioner has filed further affidavit proving service of notice and petition. 3. By this Petition, petitioner is seeking following reliefs:- “a) The Petitioner be permitted to personal lend to the estate of the deceased, upto an amount not exceeding Rs 104,00,000 (Rupees One Crore Four Lacs Only); or such amount as may be necessary for 2 payment/discharge of all legacies under the Probated Will; b) On payment of all legacies under the Probate Will dated 22nd July 2009 it be declared that it is not necessary to sell the family property at Vassant Vihar, Delhi and the same be transferred to the Petitoner as residuary legatee under the aforesaid Will. c) The Petitioner be discharged from his duties as the Executor of the Estate of the deceased upon distribution of the estate of the deceased and transfer of the family property as above; d) for interim relief in terms of prayer (a) and (b) above; e) For any such further or other directions special or general as this Hon’ble Court may deem fit in the facts and circumstances of this case. f) For costs of this Petition;” 4. Brief facts are that one Savitri Devi Johri, mother of the 3 petitioner herein died on 28/09/2008 leaving behind her last Will and Testament dated 17/05/2006. Petitioner who is the sole executor of the last Will & Testament of the deceased was granted probate by this Court and, accordingly, as an executor, he started administering the estate of the deceased. Petitioner has filed this Petition seeking directions under section 302 of the Indian Succession Act to enable him to administer the estate of the deceased in a more effective manner. 5. By the said Will, the deceased had bequeathed a amount of US$ 100,000 (US Dollars One Hundred Thousand Only) equivalent to Indian Rupees between 47 to 50 lacs. Petitioner herein would like to pay to other beneficiaries the said amount. As per clause 5 sub-clause (h) of the said Will, the rest and residue of the sale proceeds of the said immovable property after payment of all the said bequests and expenses is to be received by the petitioner herein. Petitioner, however, wants to retain the said property at Delhi and lend an amount to the estate not exceeding Rs 104,00,000 (Rupees One Crore Four Lacs Only) for discharge on making payment of all legacies under the probated Will. 6. It is submitted that in the said Will, petitioner’s mother had stated that for the purpose of making payment to legacies, the property viz. A-13/3, Vasant Vihar at New Delhi – 110 057 may be sold and the amount of its sale proceeds may be paid to legacies. The learned Counsel for the 4 petitioner submitted that the petitioner is willing to lend an amount of Rs 104,00,000 (Rupees One Crore Four Lacs Only) to be paid to the legacies and retain the said property at New Delhi which, even otherwise, would be retained by him in view of clause 5(h) of the said Will. 7. Petitioner has filed an additional affidavit and, in the said affidavit, he has annexed E-mails received by him from remaining legacies who have given their no objection for Petition being granted. In view of the further additional affidavit filed by the petitioner proving service of notice and the present Petition and also proving that other legacies have given their no objection to the reliefs claimed by the petitioner in the petition, this Petition will have to be allowed. 8. Under these circumstances, therefore, taking into consideration averments in the Petition and the further additional affidavit filed by the petitioner herein, Petition is allowed in terms of prayer clauses (a), (b) and (c). 9. Issuance of certified copy expedited. (V.M. KANADE, J.)