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2016 Supreme(Bom) 635

G.S.PATEL
HAMEED JAFFAR AHMED IBRAHIM MANDEEL – Appellant
Versus
FARHAT MEHDI MANDIL – Respondent


Advocates Appeared:
For the Petitioner: Uday Bobade,Ms. Aditi Bhatt,Y. R. Shah
For the Respondent: Ms. J. M. Sidhwa,M/s Bina Rao and Co.,Abbas Muktiyar,Bharat Punekar

JUDGMENT :

Heard.

2. This is a Petition for revocation of a probate granted to respondent Nos. 3 and 4 in respect of a Will dated 19th September 2003 made by one Mr. Mendi Mandil ("Mehdi"), who died in Mumbai on 3rd October, 2003. The 1st respondent to this revocation Petition is Mehdi's widow, Farhat, and the 2nd respondent is their daughter Mehjabeen. Respondent Nos. 3 and 4 were executors appointed under that Will. It is they who sought and obtained the probate.

3. Respondent Nos. 5 to 15 support the petitioner. They all claim to be the heirs according to Shia Law of Inheritance. The petitioner is Mehdi's brother.

4. Affidavits in Reply and Rejoinder have been filed. To one of these Affidavits, filed by respondent No. 8, I will return shortly at the invitation of Ms. Sidhwa, learned Advocate for the petitioner, since I believe she is right when she says that this Affidavit is thoroughly irresponsible.

5. However, the point that Mr. Bobade for the petitioner canvasses is that under traditional Shia Laws of Inheritance, the petitioner and respondent Nos. 5 to 15 are all, what he calls "

















































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