1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.54 OF 2009 IN PETITION NO.954 OF 2008 Narendra Sitaram Agarwal ..Petitioner. Vs. Rakeshkumar Agarwal ..Respondent. .... Mr. D.R. Mishra for the Petitioner. Mr. S.P. Munghate for the Respondent. .... CORAM : DR. D.Y. CHANDRACHUD, J. 28th August, 2009. P.C. : 1. The Motion has been taken out for a direction to the Respondent to deposit the original will dated 1st August, 1986 of Smt. Premvati Sitaram Agarwal with the Prothonotary and that the Petitioner may be allowed to proceed on the basis of a photocopy if the Respondent fails to do so. A direction is sought to the Respondent to file an inventory and account of the administration of the estate until date. In reply, the Respondent has stated that he is not aware of any such will having been executed by Smt. 2 Premvati Sitaram Agarwal. The Respondent has stated that he was not in possession of the alleged will at any stage nor has he accepted to act as executor. The Respondent states that the rent of the property is being collected by the Petitioner and by his younger brother. 2. In view of the fact that the Respondent has stated on affidavit that he is not in possession of the original will, no direction in terms of prayer clause (a) of the Motion can be passed. The Petitioner would have to proceed on the basis of the photocopy which is alleged to be in his possession having regard to the provisions of Section 237 of the Indian Succession Act. Since the Respondent has expressly stated that he has not acted as an executor and that he does not propose to do so, the statement to that effect is accepted. The Motion is accordingly disposed of in the aforesaid terms. Counsel appearing on behalf of the Petitioner states that in view of the statement which has been made on behalf of the Respondent he shall carry out necessary amendments to the petition. *****