HC relief to man seeking administration of dead mother's estate
What's the story
The Bombay High Court has held that a citizen's right to seek administration of a deceased person's estate in accordance with the latter's will must be protected. No straitjacket formula can be fixed for deciding a time limit to move courts for such administration (management of estate and distribution of assets), the high court observed. Here are more details.
Information
Court passed judgment on May 4
The court passed the judgment on May 4 when a full bench comprising Justices SC Dharamadhikari, AA Sayyed, and KR Sriram was hearing a suit filed by a Mumbai resident seeking administration of the estate left behind by his mother.
Properties
Petitioner's father and relatives hid his mother's will
The petitioner had approached the court alleging that his father and other relatives hid his mother's will for five years after her death, and sought the court's help in getting what was rightfully his share. However, his father contended that the law of limitation mandated that a suit for administration be filed within three years of person's death. The petitioner's mother died in 2007.
Mother's will
Was also staking claim for share in mother's will: Petitioner
The petitioner, however, argued that his suit was not merely for the administration of the estate but he was also staking a claim for a share to what had been left behind by his mother in her will. In the latter case, he argued, the period of limitation was 12 years. The bench took note of this argument and ruled in his favor.