In The Goods Of : P. K. Dutta @ Prodyut Kumar Dutta (DEC)

This is an application by the executor and beneficiary of the Will of one Prodyut Kumar Dutta. The other beneficiary of the Will is the sister of the

executor who is based in Italy. The executor is based in England. The applicant seeks to have a direction on the concerned Branch Manager of a

bank in Mumbai for transferring the fixed deposit and other proceeds from the account of the deceased to the administrator’s account which is

also in SBI, Bombay.

Learned Counsel appearing for the applicant places an order dated 22nd February, 2021 of the Division Bench of this Court which re-instated the

applicant as the executrix of the Will and directed the executrix to file an inventory and accounts within four months.

Learned Counsel appearing for the other beneficiary being the sister of the executrix, submits that sufficient particulars be given to her, since the sister

would not have enough information whether all the proceeds and fixed deposits are being transferred to the accounts of the administrator. Upon

perusing the document on record, there is no doubt that the applicant is entitled to act as executrix after the order of the Division bench and further

that several letters were written by the applicant to the Manager and Branch Manager of the Concerned Bank in Bombay for transferring the fixed

deposit and other proceeds from the accounts of the deceased to the Administrator’s account for the purpose of administrating the estate of the

deceased and distributing the proceeds between the two beneficiaries of the Will.

This Court is of the view that the apprehension on the part of the other beneficiary who is before the Court can be sufficiently addressed if the

executor/applicant is directed to provide particulars of the proceeds which are lying in the Bank account of the deceased and the details of such after

transfer to the administrator’s account.

The Manager and Branch Manager of the State Bank of India Juhu Tara Branch, Mumbai are directed to close the Savings Bank Account standing in

the name of the deceased and his wife and transferring the proceeds thereof to the Savings Bank Account in the name of the administrator in

accordance with the account details are given in prayer (a) of the Master’s Summons. The other prayers, being consequential to prayer (a) shall

also be complied with by the Manager of Juhu Tara Branch, Mumbai and be completed within a period of three weeks from date.

The applicant is also directed to furnish all relevant particulars of the proceeds standing in the name of the deceased and his wife and details thereof

after they are transferred to the administrator’s account and furnish the same to the other beneficiary of the Will within a period of two weeks

from the date on which the proceeds are transferred to the administrator’s account.

The applicant is also directed to complete administration of the assets within eight weeks from date and complete the assent to legacy within such time

including execution of a separate deed of assent in favour of the beneficiary to the Will.

GA No.5 of 2021 is allowed and disposed of in terms of the above.