Bai Avabai Hormusji Tata Trust v. Shernaz Faroukh Lawyer 2026 INSC 540 Succession Law - Police Investigation - Estate Preservation

Succession Law - Indian Succession Act 1925 - Section 247 - Status of Administrator Pendente Lite - An Administrator under Section 247 of the Indian Succession Act, 1925 is appointed by the Court and is thus an officer of the Court, subject to the immediate control of the Court. [...] His position is similar to that of a receiver (except the fact that the administrator does not distribute the estate) and he is nothing but the "hand of the court". (Para 30)

Property Law - General Principles - Custodia Legis - The administrator [is] duty bound to take all reasonable steps for preservation and maintenance of the estate [... which] is "in custodia legis" and the possession of the Administrator over such estate cannot be disturbed without the leave of the court. [...] If for such preservation, action in civil or criminal court is necessary, the receiver is to draw the attention of the court of relevant facts necessitating such legal action and take leave of the court to institute appropriate legal proceedings for the preservation of the property. (Para 31)

Succession Law - Testamentary Jurisdiction - Scope of Court Equity - The primary function of a Probate Court is to adjudicate the execution and genuineness of the Will but while doing so if the High Court notices glaring irregularities or there is an element of mischief played by an executor [...] then in that situation the High Court cannot be a silent spectator and will have to exercise its plenary and constitutional power to check the mischief so as to protect the property. (Para 32)

Constitutional Law - Constitution of India - Article 215 - Inherent Powers of Court of Record - High Courts in India are superior Courts of Record. They possess inherent and plenary powers, and unless expressly or by necessary implication barred, their jurisdiction is unlimited to determine their own powers and prevent the abuse of process. [...] Where statutes are silent and remedy has to be sought by the courts to basic principles, it is the duty of the Court to devise procedural rules by analogy and expediency. (Para 33, 38)

Succession Law - Indian Succession Act 1925 - Section 269 - Protection of Parsi Estates - Until probate is granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge [...] is authorised and required to interfere for the protection of such property [...] where the Judge considers that the property incurs any risk of loss or damage [...] This section shall not apply when the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person [...] Considering the scheme of [the] Indian Succession Act 1925 and considering the fact that the testator was a Parsi, therefore, the bar contained in Section 269(2) would not be applicable. (Para 34, 35)

Succession Law - Indian Succession Act 1925 - Section 300 - Concurrent Jurisdiction - The High Court shall have concurrent jurisdiction with the District Judge in exercise of all the powers hereby conferred upon the District Judge. (Para 35)

Criminal Procedure - Code of Criminal Procedure 1973 - Section 340 - Scope of Inherent Corporate Investigations - [Where a] direction for a criminal investigation was not passed strictly under Section 340 of the Code of Criminal Procedure 1973 for an offence affecting the administration of justice (like perjury in court documents alone) [...] the Court [may exercise] its broader inherent powers to investigate a larger conspiracy of siphoning the estate's funds through fraudulent banking transactions and shell entities. Therefore, the procedural bars or appellate restrictions under Section 341 of the Code of Criminal Procedure 1973 are inapplicable. (Para 40)

Criminal Procedure - Code of Criminal Procedure 1973 - Section 340 - High Court Complaints - Under Section 340(3)(a) where the Court making the complaint is a High Court, an officer of that court may be appointed to make that complaint. Since the High Court is exercising its testamentary jurisdiction, it is therefore permissible for an officer of High Court registry to make that complaint. (Para 41)

Criminal Law - Investigation - Parameter of Prejudice - Criminal investigation is based on a procedure with different parameters and therefore, the [parties] would have full opportunity in case prosecution is launched against them to defend it on its own merits. [...] An investigation by the police to uncover the truth does not, by itself, infringe upon the personal liberty of a corporate or trust entity. (Para 36, 42)