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2010 Supreme(Bom) 1744

ROSHAN DALVI
Bilquis Zakiuddin Bandookwala – Appellant
Versus
Shehnaz Shabbir Bandukwala – Respondent


Advocates Appeared:
For the Plaintiffs:S.A. Ahmed, Advocate.
For the Defendant:R.M. Pardiwalla i/by Mulla & Mulla, Advocates.

Judgment

1. The plaintiffs have applied for review of the order dated 14th October, 2010 on the ground of an error apparent on the face of the record and for the reasons considered sufficient by the plaintiffs.

2. The order dated 14th October, 2010 came to be passed in the above Notice of Motion which was taken out by the plaintiffs for administration of the estate of the deceased son of the plaintiff No.1 and brother of the other plaintiffs. The Suit has been filed for administration of his estate on the ground of intestacy.

3. The defendant produced Will of the deceased who is her deceased husband. The marriage of the defendant and the deceased was registered under the Special Marriage Act. Consequent upon such registration, they would be governed by the Indian Succession Act for the purpose of succession, both intestate or testamentary. Since the deceased would be governed by the Indian Succession Act, he would have no restrictions on him to bequeath only 1/3 of his property by a Will as per the Muslim Personal Law. He was also not required to obtain consent of the heirs to bequeath in excess of 1/3rd Property. He would be entitled to bequeath the entire of his properties. It wo














































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