Bombay HC Removes Harsh Kilachand As Executor Of Family Estate Over Fiduciary Breach

Mumbai, Feb 19: The Bombay High Court has removed Harsh Rajnikant Kilachand as executor of his late father Rajnikant Ambalal Kilachand’s will, bringing to an end his nearly decade-long control over the wealthy Kilachand family estate.

Justice Farhan Dubash on February 18 invoked Section 301 of the Indian Succession Act, 1925, holding that Harsh had failed to discharge his fiduciary duties and had shown “wilful disregard” of earlier court directions.

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The court appointed retired Chief Justice of the Allahabad High Court, D.B. Bhosale, as independent administrator to complete the long-pending distribution of the estate.

Younger son sought removal alleging misconduct

The order was passed while hearing an application filed by Kilachand’s younger son, Amrish, seeking removal of Harsh as executor of their late father’s will, alleging gross misconduct and mismanagement of the estate.

Rajnikant Kilachand, who belonged to one of Mumbai’s historic business families with interests in cotton, oilseeds and industry, died on August 6, 1997. His 1997 will named his elder son Harsh as executor, entrusting him with collecting assets, settling liabilities and distributing the estate to beneficiaries, including his widow Ramila, younger son Amrish and Harsh himself. Probate was granted only on October 27, 2016, after prolonged litigation.

However, nearly ten years after probate, substantial movable assets — shares, securities and cash — as well as immovable properties remained undistributed.

“However, admittedly, till date, the entire estate of the Testator remains to be administered,” the court noted in its detailed order. It recorded that Ramila repeatedly approached the court complaining of inaction. “She passed away on 18 February 2024 still seeking what her late husband had left behind for her several decades ago.”

After her death, Amrish stepped in as her heir and beneficiary (also executor under Ramila’s own will).

Court notes non-compliance with earlier directions

By an earlier order dated January 29, 2025, the court had found Harsh in breach of his duties but granted him a final opportunity to distribute movables within two months and immovables within six months. That order was never challenged, and the timelines lapsed on March 29, 2025, without compliance.

The court found merit in the submission by advocate Shanay Shah, representing Amrish, and noted: “The prolonged and unexplained inaction on the part of the Respondent amounts to a clear failure to discharge the fiduciary obligations of an Executor.”

Harsh’s advocate, Siddhesh Bhole, attempted to justify the delay by citing several reasons, including the absence of a Memorandum of Family Settlement.

The court rejected these explanations as vague and unsupported by documents. “Such conduct, in my view, amounts to an attempt to mislead this Court and is clear disregard of the provisions of law,” Justice Dubash observed, adding that many of the reasons were not even pleaded on oath.

The judge held that the “prolonged and unexplained inaction… amounts to a clear failure to discharge the fiduciary obligations of an Executor,” and that continued non-compliance demonstrated a “conscious disregard” of both his duties and court orders.

“I refuse to be a mute spectator and stand by, allowing the Respondent to administer the estate, as per his own whims and fancies,” the court said while ordering his removal.

Independent administrator appointed

Harsh has been directed to hand over all estate records within one month and file a sworn inventory within 21 days. The administrator, retired Justice Bhosale, has been asked to distribute the remaining estate preferably within six months.

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The court rejected Harsh’s request for a stay, observing that he had sufficient time to challenge the order in appeal if he so desired. “Considering the observations and findings in this order, the same cannot be stayed. Accordingly, the request is rejected,” the court noted.

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