CIVIL APPEAL 19974 of 2021 on 24 February 1967

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IN THE HIGH COURT OF JUDICATURE AT BOMBAYTESTAMENTARY AND INTESTATE JURISDICTIONINTERIM APPLICATION (L) NO.19974 OF 2021IN

TESTAMENTARY PETITION NO.24 OF 2018

Meraj Begum Widow of Afzal Ali Khan

...Applicant

In the matter between:

Zubeda Begum wife of late Nawab Zulfekhar Jah Bahadur & Ors.

...Petitioners

V/S

Zubeda Begum wife of late Nawab Zulfekhar Jah Bahadur & Ors.

...Respondents

WITH

TESTAMENTARY PETITION NO.24 OF 2018

Zubeda Begum wife of late Nawab Zulfekhar Jah Bahadur & Ors.

...Petitioners

V/S

Nizam Mir Osman Ali Khan Asif Jah (Deceased)

...Respondents

WITH

TESTAMENTARY PETITION NO.890 OF 2021

Meraj Begum Widow of Afzal Ali Khan

...Petitioner

V/SNizam Mir Osman Ali Khan Asif Jah (Deceased)

...Respondents

Mr. Amjith M. Anandhan a/w Mr. Rohan Dilip Kaiche for Applicant. Mr. P. V. Nichani i/by M/s. P. V. Nichani & Co for Petitioners inTP/24/2018.

CORAM : R. I. CHAGLA, J.DATED : 26th OCTOBER, 2021.

P.C.Heard learned counsel for the Parties.

2. By this Application, the Applicant is seeking rejection ofthe Testamentary Petition No.24 of 2018.

3. The Applicant has stated that the deceased namely Mr.Nizam Mir Osman Ali Khan Asif Jah @ Nawab Mir Osman Ali KhanBahadur expired on 24th February 1967 at Hyderabad, TelanganaState, India. The Applicant states that the deceased had two sonsnamely Nawab Zulfekhar Jah Bahadur who expired on 26th June1967 and his brother Nawab Bohazzad Jah Bahadur who has alsoexpired, the date has not been mentioned.

4. The Applicant states that the husband of the Applicantnamely Afzal Ali Khan s/o Nawab Zulfekhar Jahan Bahadur had filedPetition bearing Testamentary Petition No.2118 of 2017 for grant ofLetters of Administration to the property and credits of the saiddeceased. The husband of the Applicant was issued grant of Letter of Administration 30th August 2019 to the property and credits of thesaid deceased including the subject property. The husband of theApplicant expired on 8th March 2020 without administering thesubject property. The Applicant has filed a Petition for letters ofadministration De-Bonis-Non with letter of administration to theproperty and credits of the said deceased bearing TestamentaryPetition No.890 of 2021. In the Testamentary Petition No.890 of2021, an objection has been raised by the Additional Registrar/Additional Prothonotary and Senior Master that TestamentaryPetition No.24 of 2018 and Testamentary Petition No.2524 of 2019 ispending before this Court and therefore to obtain necessarydirections from this Court.

5. In view thereof, the present Interim Application has beentaken up for rejection of the Testamentary Petition No.24 of 2018.

6. The learned counsel appearing for the Applicant hasstated that the Testamentary Petition No.24 of 2018 has been filedthrough the power-of-attorney holder on 6th January 2018 andTestamentary Petition No.2524 of 2018 has been filed through the power-of-attorney holder on 14th October 2019.

7. Insofar as the Testamentary Petition No.24 of 2018 isconcerned, the power-of-attorney holder has expired and noApplication has been made by the fresh power-of-attorney holderwho is intending to come in his place. In any event, under Section279 of the Indian Succession Act, 1925, there is no mention in theTestamentary Petition No.24 of 2018 that there has been noApplication made to any other Court for grant of letters ofadministration of the same estate and which intends to have effectthroughout the whole State. Any Application made for addition ofsuch statement in the Petition for grant of letters of administration isliable to be rejected.

8. He has submitted that it is settled law that anotherPetition for the same grant of letters of administration to the propertyand credits of the said deceased cannot be filed in view of the earliergrant of letters of administration. Thus, in view of the earlier grantof letters of administration, on 30th August 2019, the TestamentaryPetition No.24 of 2018 for the grant of letters of administration of the same properties and credits of the said deceased, could not have beenfiled and/or entertained. He has accordingly submitted that thisCourt reject the Testamentary Petition No.24 of 2018.

9. The learned counsel appearing for the Petitioners inTestamentary Petition No.24 of 2018 has stated that a fresh power-of-attorney holder intends to make an Application to substitute theearlier power-of-attorney holder who has expired and who had filedthe Petition. He has submitted that the grant of the letters ofadministration dated 30th August 2019, was passed withoutconsulting the other heirs of the deceased and/or obtaining theirconsent and accordingly states that an Application for revocation ofgrant of letters of administration shall be filed and is requested for ashort date.

10. Having considered the submissions, since the letters ofadministration were granted to the husband of the Applicant on 30thAugust 2019, the Testamentary Petition No.24 of 2018 which wasfiled on 14th October 2019 for the same grant of letters ofadministration is not maintainable. This Testamentary Court cannot grant letters of administration in respect to the same property andcredits of the deceased, which have already been granted to thePetitioner in Testamentary Petition No.2118 of 2017. Thus, theTestamentary Petition No.24 of 2018 is to be dismissed. Anopportunity is granted to the Petitioner in Testamentary PetitionNo.24 of 2018 to take out an Application for revocation of grant ofletters of administration in favour of the husband of the Applicantand which shall be taken out within a period of two weeks from thedate of this order. Hence the following order:

(i) .The Testamentary Petition No.24 of 2018 isdismissed. There shall be no order as to costs.dismissed. There shall be no order as to costs.

(ii) . The Testamentary Petition No.890 of 2021 shall belisted on board on 17th November 2021, on whichdate if the Application is filed by the Petitioners forrevocation of grant of letters of administration, theApplication shall also be placed on that date.listed on board on 17th November 2021, on whichdate if the Application is filed by the Petitioners forrevocation of grant of letters of administration, theApplication shall also be placed on that date.

(R. I. CHAGLA, J.)