Thursday, December 02, 2021

Bombay High Court rejects man’s claim of being beneficiary in deceased man’s will

Justice G S Patel who was hearing the petition also directed initiation of perjury proceedings against David for making false statements under oath.

Written by Radhika Ramaswamy | Mumbai |
February 13, 2017 1:50:01 am
Malegaon blast case, Malegaon blast case latest news, Malegaon blast case evidence, Malegaon blast case CD's news, Malegaon blast case latest news, India news, National news, India news, India latest news Bombay High Court. (File)

The Bombay High Court rejected the claim of a petitioner who had said he was the beneficiary of the will of a deceased person. The petitioner, Teddy William David, had approached the court to probate the will of one Bruno DaCosta, who he said was his friend who had made a will making bequests to David and his NGO before his death. However, when the court went through various documents and made some inquiries, it was found that the cheque book of the deceased through which David had withdrawn money for several months was issued wrongfully after the man’s death.

Watch What Else Is Making News

Justice G S Patel who was hearing the petition also directed initiation of perjury proceedings against David for making false statements under oath. DaCosta, a Bandra resident, died in July, 2014, leaving several properties and estates. He is survived only by a sister who lives under care in a special home in Karnataka. When the court initiated proceedings, it asked for documents and proofs from David and his association with the deceased. When the petitioner failed to satisfy the court with oral explanations, to prove his closeness to DaCosta, he produced documents to prove that the deceased had given him a cheque before his death. Hence, the court asked the bank to produce details of the bank account of the deceased to understand the transactions before and after DaCosta’s death.

After perusing the transaction details, the court found that the cheque leaf through which David had encashed Rs 1.4 lakh was from a cheque book that had been issued by the bank three months after DaCosta’s death. Based on the transaction history, the court questioned David about several other firms that had been issued cheques of various amounts after DaCosta’s death to which David replied that he was part of the firms that had been paid from DaCosta’s account. The court arrived at the conclusion that David had withdrawn a total of Rs 6.46 lakh using the cheque leaves from the cheque book of the deceased, issued by the bank three months after the latter’s death.

Following this, the court initiated perjury proceedings and on January 6, David applied to withdraw his testamentary petition from the court. The court rejected the application saying that neither the petition not the perjury proceedings initiated against David will be dropped. The court also said the petitioner cannot get away with the cash withdrawn in this manner.

The court observed, “If the attempt today is to stop … the perjury proceedings, possible future contempt proceedings and recovery of amounts illicitly drawn from the estate, by simply withdrawing the Petition, then David is under some misapprehension that I would ever permit this.” The court has asked the petitioner to deposit the entire amount he has withdrawn from the account of the deceased with the court by February 28.

Start your day the best way
with the Express Morning Briefing

📣 The Indian Express is now on Telegram. Click here to join our channel (@indianexpress) and stay updated with the latest headlines

For all the latest India News, download Indian Express App.

  • Newsguard
  • The Indian Express website has been rated GREEN for its credibility and trustworthiness by Newsguard, a global service that rates news sources for their journalistic standards.
  • Newsguard
0 Comment(s) *
* The moderation of comments is automated and not cleared manually by