Aishwarya Rathore-
Published On: September 27, 2021 at 15:38 IST
The Bombay High Court recently appointed an Interim Receiver to take symbolic possession of the various assets in the name of the deceased man, while holding that the mother has an equal right on the property of her son, along with his wife and children.
The High Court appointed the Receiver after hearing that the deceased man’s wife and children had already alienated properties worth Rs.1.85 crores and were not answering or appearing before the Court.
Justice Gautam S Patel observed, “I believe it will be necessary to take certain protective steps regarding the estate to ensure that it is preserved and, at the same time, to ensure that any case the Respondents may want to put forward is not prejudiced. But the one thing that is unacceptable is for the Respondents to defeat the Petitioner’s claim by remaining absent.”
The Court issued the Order while hearing an Interim Application in the Testamentary Suit of one Premlatha Amin, who claimed that her son Minil Kumar Amin died intestate in April 2021 in Udupi, Karnataka.
The Petitioner informed the Court that the wife of the deceased was attempting to usurp the Petitioner’s share, so an Interim Application was filed to prevent the wife from transferring assets in the deceased’s name to her own.
While granting one more opportunity to the wife and son to appear before the Court, it also directed the mother to serve Notice of the petition through advertisements in English and regional newspaper.
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