1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION MISC. PETITION NO. 42 OF 2008 IN PETITION NO. 769 OF 2007 Pamela Patricia Frank. ... Petitioner. V/s. Noreen Hayley Dennis & Anr. ... Respondents. Mr. Le Roy Collaco for the Petitioner. Mr. S.M. Khaire for Respondent No.1. CORAM : S.C. DHARMADHIKARI, J. DATE : 10TH OCTOBER 2008. P.C. :- The Petition for revoking the Letters of Administration is principally filed on the basis that the Petitioner who is the sister of the deceased has right, title and interest in the immovable property which is the Flat in the Respondent No.2 - Society. 2 2. The Petition averments proceed on the basis that the Petitioner is living in England with the family, whereas flat occupied by the Deceased and her family. The Petitioner would come to India in vacation and reside with the deceased and her family. The deceased expired on 26th March 2006, the Petition for Letters of Administration was filed and the letters were obtained on 23rd October 2007. The Petitioner alleges that the First Respondent is thereafter calling upon the society to transfer the shares in her favour. 3. Upon a perusal of the averments, I fail to understand as to how issuance of Letters of Administration concludes the issue of right, title and interest in the immoveable property. The learned Advocate appearing in support of this Petition was fair enough to urge that if this Court keeps issue of title to the property open and to be agitated in appropriate proceedings, then, he would not press the Petition. More so, if appropriate clarifications are issued. 4. In my view, merely because Letters of Administration are issued and the revocation petition is disposed of does not mean that the Petitioner is precluded from asserting her right, title and interest in the subject property and whenever she does so appropriate proceedings, the said 3 Court has authority to determine that issue without being influenced by mere issuance of Letters of Administration but on the basis of material produced before it. 5. All contentions of both sides in that behalf kept open. The Petition is disposed of with these clarifications. (S.C. DHARMADHIKARI, J.)