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2018 Supreme(Bom) 288

MRIDULA BHATKAR
Balchand Jairamdas Lalwant – Appellant
Versus
Nazneen Khalid Qureshi – Respondent


Advocates Appeared:
For the Petitioner:Subhash Jha a/w. Sanjana Pardeshi, Hare Krishna Mishra i/b. Law Global, Advocates.
For the Respondent:Chinmay Gupte a/w. Manoj Prajapati i/b. Mohit Gadkari & Co., Advocates.

JUDGMENT :

1. In this Appeal from Order, a question required to be addressed whether a Hindu converted into Islam is disqualified to receive a property of a father, who died intestate?

2. The respondent/plaintiff is a sister of the appellant/defendant. The respondent has filed Suit No. 3480 of 2010 pursuant to Notice of Motion No. 956 of 2010 in Suit No. 3480 of 2010 (H.C. Suit No. 928 of 2010 for injunction restraining the defendants from creating third party right of whatever nature in respect of the suit premises, i.e., residential flat situated at Matunga (West), Mumbai. It is the case of the respondent/plaintiff that the suit flat and one shop is a property of her deceased father, however, the appellant has sold the shop after father's death and now he wants to sell the flat also. The respondent/plaintiff has averred that she being a daughter has right in the said property. Including the respondent/plaintiff, the appellant/defendant has five sisters and so the respondent/plaintiff claims her share in the suit property and therefore sought that the flat is not to be sold and the appellant/defendant is in exclusive possession of the suit flat. The appellant/defendant while contest
















































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