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2019 (4) TMI 2154 - BOMBAY HIGH COURTJurisdictional error in appointing Administrator pendente lite - Direction to handover the possession of the assets in custody - Whether appointment of Administrator pendente lite is justifiable? - HELD THAT:- It is not a mere factum of the appellant and Mrs. Parmeet Kaur allegedly residing together despite a decree of divorce. Nor is it restricted to the personal marital life of the appellant and Mrs. Parmeet Kaur. The circumstances in which registered documents have been allegedly got executed whereby the respondent is shown to have gifted the properties to not only her grand-daughter but also to Parmeet Kaur, the divorced wife of the appellant, cannot be said to be insignificant or inconsequential. As a part of settlement of marital dispute, under the decree of divorce, three immovable properties were transferred in favour of Mrs. Parmeet Kaur by the appellant. The two immovable properties, which stood in the name of the respondent, were shown to have been gifted away by the respondent by the gift deeds dated 18th March 2017. The flurry of activities in close proximity to the death of the deceased, i.e., 27th April 2017, namely (i) a decree of divorce between the appellant and Parmeet Kaur dated 30th January 2017; (ii) the marriage of the appellant and Sonu Pandey on 14th February 2017; (iii) the execution of the two gift deeds by the respondent on 18th March 2017, (iv) the execution of the alleged Will by the testator in favour of the appellant on 12th April 2017 tell a different story and indicate an urgency of purpose. They cannot be brushed aside as mere coincidences. There is material to indicate that the respondent was sought to be divested of all the immovable properties and they were tried to be settled upon first wife and the daughter of the appellant. Undoubtedly, the validity or otherwise of the gift deeds whereby the respondent is shown to have gifted the properties in favour of Parmeet Kaur and Hansmeet Kaur is a matter of trial. Nonetheless, taking an overall view of the matter, the learned Single Judge was justified in drawing an inference that the appointment of the administrator pendente lite was expedient. Appeal dismissed.
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