AMRISH RAJNIKANT KILACHAND vs RAMILA KILACHAND

Judgment text excerpt

IAL. 12739.2025 Amrish Kilachand vs. Harsh Kilachand IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO. 12739 OF 2025 IN INTERIM APPLICATION (L) NO. 20213 OF 2021 IN NOTICE OF MOTION NO. 306 OF 2017 IN TESTAMENTARY PETITION NO. 116 OF 1999 In the matter of: Rajnikant Ambalal Kilachand … Deceased In the matter between: Amrish Rajnikant Kilachand ... Applicant V/s. Harsh Rajnikant Kilachand … Respondent _______________________________________ Mr. Shanay Shah a/w Mr. Hamza Lakhani and Mr. Rahul Jain for the Applicant. Mr. Siddhesh Bhole a/w Mr. Apoorva Kulkarni i/b SSB Legal and Advisory for the Respondent. _______________________________________ CORAM : FARHAN P. DUBASH, J. RESERVED ON : 17th JANUARY 2026 PRONOUNCED ON : 18th FEBRUARY 2026 Page 1 of 30 ------------------------------------- Order dated 18th February 2026 IAL. 12739.2025 Amrish Kilachand vs. Harsh Kilachand Judgment :- 1. An Executor is the living instrument of the deceased Testator’s final Will and stands in a fiduciary capacity, being entrusted with the sacred duty of ensuring that the voice of the Testator, though silenced by death, is carried into effect fully and in a timely manner. The office admits of no personal discretion inconsistent with the testamentary intent, and any undue delay or inaction in administering the estate amounts to a breach of the solemn duty entrusted to him by law. Section 301 of the Indian Succession Act, 1925 (Succession Act) empowers the High Court, on an application made to it, to remove and replace an Executor. The present Interim Application is an application preferred under this provision, by a beneficiary under the Will who alleges gross misconduct and mismanagement of the estate on the part of the Executor and