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2015 Supreme(Bom) 757

ROSHAN DALVI
Sunita Parulekar @ Neeta Parulekar – Appellant
Versus
Sudha Parulekar – Respondent


Advocate Appeared:
For the Plaintiffs:Raj Patel i/b Sonal Doshi & Co., Advocates.

Judgment :-

1. The plaintiffs are mother and son. Plaintiff No.1 is the daughter-in-law of defendant No.1 and the sister-in-law of defendant No.2. The plaintiffs have sued for administration of the estate of the deceased husband of plaintiff No.1 as also the deceased father-in-law of plaintiff No.1. The father-in-law of plaintiff No.1 is stated to have expired on 12.04.2003. The husband of plaintiff No.1 is stated to have expired on 23.04.2003, a mere 11 days after the death of his father.

2. The suit property is one residential flat. The suit flat admittedly belonged to the father-in-law of plaintiff No.1. The plaintiffs claim 1/3rd share each in the estate of the husband of plaintiff No.1 and 1/3rd of 1/3rd share of the husband of plaintiff No.1 in the estate of the father-in-law of plaintiff No.1. The plaintiffs claim that when the father-in-law expired on 12.04.2003, his wife (defendant No.1), his daughter (defendant No.2) and the husband of plaintiff No.1 were the only heirs. The husband of plaintiff No.1 would obtain 1/3rd of his estate (and accordingly 1/3rd of the suit flat) of his father. He expired 11 days thereafter. The plaintiffs claim that that 1/3rd share would devolv



































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