1 Ch-summons-129 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Chamber Summons No.129 of 2010 IN Testamentary Petition No.46 of 1999 Mrs.Alpa S. Ghantola .. .. Petitioner Mr.Harsha V. Contractor .. .. Applicant Mr.Tejas Deshmukh i/by Mr.Mandar Soman for Petitioner. Mr.Bapoo M. Malcolm for Applicant. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 11th January 2011 P.C. : 1.The Applicant, who is the nephew of the deceased Shashikant Rajaram Ghantola, has applied to be the Petitioner in the place of the original Petitioner who was the ex-wife of the deceased and who was appointed the executrix along with another independent executor one Mr.Madhukar Harishchandra Purandare, the Architect. The other executor has renounced his executorship. The ex-wife of the deceased is the sole executrix. She is old, ill and incapable of acting as executrix. She has, in fact, not administered the estate of the deceased at all. There is no opposition to the Will. In the Will 2 Ch-summons-129 the deceased has left his movable and immovable properties to his ex-wife in a certain share and to his son. His son has died a bachelor. The deceased has left the property to the Petitioner herein who is his nephew being the son of his brother Vaijnath absolutely in case of death of his son. The son of the deceased Amar has expired. Consequently, it is an admitted position that the ex-wife of the deceased, who is now in her dotage, has a life interest in the immovable property of the deceased and the Petitioner is the ultimate beneficiary. 2.The Petitioner desires to be the sole executor since his application is to be made a Petitioner in the place of the original Petitioner. It is not possible for the sole executrix who is the Petitioner at present to administer the estate. However, the sole executrix has been treated as a wife of the deceased. She has been given the right of residence for her life in the flat of the deceased. She has also been bequeathed the other property in a certain share. She is entitled to be maintained out of the estate of the deceased during her lifetime. The Petitioner fairly concedes that position in law. 3.The Petitioner, who is present in Court, undertakes through his Advocate, to maintain the wife/ex-wife of 3 Ch-summons-129 the deceased. For such maintenance it is seen that there are seven Fixed Deposit Receipts (FDRs) of the deceased which are enumerated in Clause-4 of the Will. The Petitioner undertakes to pay the ex-wife, who is the present Petitioner, the interest that accrues from out of these seven FDRs during her lifetime. The Applicant is made Petitioner in place and stead of the present Petitioner/Alpa Ghantola upon the specific undertaking and condition that he shall allow the Petitioner to earn and utilise the interest that accrues from the seven FDRs enumerated in Clause-4 of the Will during her lifetime in the following manner: (i)The Prothonotary and Senior Master of this Court shall inquire with the Banks, UTI as well as Limited Companies and the National Saving Certificates to obtain and liquidate the amounts on those investments. Those investments shall be consolidated and invested in any Nationalised Bank by the Prothonotary and Senior Master of this Court, initially for a period of 61 months or until the demise of the present Petitioner whichever is earlier. (ii)The Prothonotary and Senior Master shall issue cheques of the interest received on these investments in the name of the present Petitioner every quarter for her maintenance. After the demise of the present 4 Ch-summons-129 Petitioner and upon the production of the death certificate in that behalf, the Prothonotary and Senior Master shall transfer the investments in the name of the present Applicant. (iii)The Applicant, as the executor, shall be entitled to proceed with the Petition to obtain the probate of the Will of the deceased. The Applicant shall also be entitled to negotiate with any builder/developer for transfer/development of the immovable property of the deceased. The Applicant shall also be entitled to manage the immovable property of the deceased by way of collection of rent, if any. (iv)The Petitioner shall report to Court the management and administration of the estate of the deceased as done by him every six months. (v)The Chamber Summons is disposed of accordingly. (vi)Petition to proceed. (SMT.ROSHAN DALVI, J.)