1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.97 OF 2009 IN PETITION NO.405 OF 2006 Bhupatrai Ratilal Parekh ...Petitioner vs. Roystan Vicent Gulbano & Ors....Respondents Mr.P.M.Khankar for the Petitioner None for the Respondents CORAM :A.S.OKA,J. DATE : NOVEMBER 27, 2009 P.C. 1 Heard the learned counsel for the petitioner. The prayer is for revocation of letters of administration granted by this court on 2nd February 2007. The only contention raised by the petitioner in this petition is that the deceased had executed an agreement for sale in his favour in respect of the property allegedly held by her. Letters of administration have been granted in favour of the respondents in respect of the estate of the deceased Yellubai. The petitioner is not disputing the entitlement of the respondents to the grant of letters of administration. The petitioner wants to claim right, title and interest in respect of the property held by the deceased. Apart from the fact that an agreement of sale does not create any interest in the property in view of section 54 of the Transfer of Property Act,1882, the grant of letters of administration will not come in the 2 way of the petitioner in filing appropriate proceeding for establishing his alleged right,title and interest. It is settled law that by grant of letters of administration, the issue of title of the deceased to the property allegedly held by the deceased is not decided by the testamentary Court. In the circumstances, the petition for revocation is not maintainable and the same is disposed of by keeping the remedy of the petitioner open. JUDGE