1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION Misc. Petition No. 18 of 2011 in Testamentary Petition No. 519 of 1990 John Francis Anthony Gonsalves .. Petitioner v/s. Agnes Mary Conception Rebello .. Respondent Mr.S.F.Rego i/b. N.J.D’Monte for the Petitioner Mr. Sheikh Yusuf Ali i/b. S. Mohammedbhai & Co. for the Respondent CORAM : R.Y.GANOO, J. DATED : 20th August, 2011 P.C. : 1. The petitioners have been able to secure probate on 16th November, 2009 in regard to the last Will and Testament of John F. Gonsalves. The Probate granted contains a list of various shares which were then held by the deceased and which constitute movable property of the deceased. A perusal of the Will shows that all those shares listed in the Will were to be enjoyed by the wife of the deceased by name 2 Mrs. Julie for life and after her death those shares were to be divided in equal shares between the children of the deceased and one grand son of the deceased by name Colin Rebello. Learned Counsel Mr. Rego submitted that the shares which were included in the Probate came to be transferred in the name of Mrs. Julie from the name of the deceased to enable Mrs. Julie to enjoy life interest. Learned Counsel Mr. Rego submitted that now that Mrs. Julie has expired in the year 1987, bequest as regards distribution of the shares in the name of the children of the deceased as well as grandson Mr. Colin is required to be acted upon. 2. Learned Counsel Mr. Rego made grievance that the respondent is not co-operating with the petitioners for the partition and effecting division of the various shares which are presently in the name of Mrs. Julie on account of life interest which she was enjoy during her lifetime. Learned Counsel Mr. Rego had submitted that appropriate directions be issued in terms of prayer clause (a), so that the estate of the deceased, namely the shares can be distributed and the desire of the deceased can be fulfilled. 3 3. Learned Counsel for the respondent tried to submit that the shares which are standing in the name of the mother cannot be divided between the children of the deceased. In my view, the submission of the respondent is misconceived. Surely, the petitioners are not asking for division of the shares which may be standing in the name of Mrs.Julie as and by way of her property. The petitioners are trying to divide the shares which were originally standing in the name of the deceased and which have been subsequently transferred in the name of Mrs. Julie and other persons on account of life interest. In order to complete the job of distribution of the estate of the deceased it is necessary that the petitioners will have to prepare transfer deeds and obtain signature of the respondent so as to effect transfer and division of the shares as per the text of the Will. In view of the above, the petitioners are directed to prepare Transfer Deeds for the purpose of division of various shares which are described in the Will and which shares were transferred in the name of Julie on account of life interest. The petitioner shall present the said Transfer Deeds to the respondent for her signature so that the Transfer Deeds can be lodged with the Registrar of Companies for effecting the transfer. 4 4. The petitioner shall present the transfer forms with the respondent for her signature. If she refuses to tender her signature the petitioners shall move this Court again for the purpose of seeking directions so that the Prothonotary & Senior Master can be directed to execute such forms as may be necessary. The respondent will have to furnish an Attested Copy of her Permanent Account Number to the petitioners to enable them to proceed further. Hence, following Order is passed to dispose of the petition. ORDER i) The petitioners shall prepare transfer deeds in respect of the shares wherever the petitioners want the signature of the respondent for the purpose of completing the job of distribution of the assets of the deceased. If the respondent fails to tender her signature on the forms, the petitioner is at liberty to move this Court so as to obtain appropriate order, including direction to the Prothonotary & Sr. Master, High Court, Bombay to execute such forms or documents as may be found necessary. ii) Respondent is directed to submit to the petitioner her attested 5 copy of her Permanent Account Number within 10 days from today. Iii) Petition stands disposed of in above terms with no Order as to costs. [R.Y.GANOO, J.]