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HIGH COURT OF BOMBAY
HON'BLE JUSTICE KAMAL KHATA
BILKISH YUNUS NAMAKWALA – Appellant
Versus
SHIREEN DINSHAW MISTRY – Respondent
IAL/11244/2025
Key Points: - The court held that the Letters of Administration dated 3rd June 2022 obtained by the Respondent are a nullity due to prior probate/administration orders and fraud (!) (!) (!) (!) (!) . - The petition for revocation of the Letters of Administration and cancellation of the Deed of Transfer dated 17th June 2022 was allowed, with orders to cancel registration and consider removal of the Respondent’s name from records (!) (!) . - The Court found a clear case of fraud on the Court and directed further inquiries into offences under section 340 CrPC and related contempt proceedings against the Respondent (!) (!) (!) (!) (!) . - The Petitioners were granted caveatable interest and locus standi to seek revocation based on intestate rights and as heirs of Dr. Feroze Duggan (!) (!) . - The Court referred to established authorities on revocation, including Basanti Devi v. Ravi Prakash Ramprasad Jaiswal, George Harris v. Millicent Spencer, and Dinanath Shah v. Surati Devi, to support revocation for interested parties (!) (!) (!) . - The Respondent was directed to pay exemplary costs and to file compliance, with show-cause actions for breaches of court orders (!) (!) (!) (!) . - The decision clarifies that there is no provision for a second Letters of Administration in respect of the same deceased and property when probate/administration with will has already been granted (!) (!) . - The court emphasized the need to club and hear related matters together and to proceed with disposal to prevent abuse of process (!) (!) . - The court anchored its analysis in prior appellate and Supreme Court rulings on fraud and revocation of grants (SCC references) (!) (!) (!) . - Interim orders and custody of the Lawnside property by Court Receiver influenced the proceedings and the necessity to annul the impugned transfer (!) (!) .
2025:BHC-OS:16060 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.240 OF 2025 IN TESTAMENTARY PETITION NO.639 OF 2022 Lady Jena Jamshedji Duggan ]
alias Jina Jamshedji Dagan ] … Deceased
1. Shireen Dinshaw Mistry ]
Aged 63 years, Parsi ] Indian Inhabitant, residing at ] Sethna Building, 29-29A, Navroji ] Seth Street, Thakurdwar, ] Mumbai – 400 002. ]
2. Shapoor Dinshaw Toorkey ]
Aged 82 years, Parsi ] Indian inhabitant, residing at ] 62, Shama Apartments, 138/1, ] Prendergast Road, Secunderabad ] - 500 003, Telangana ]
3. Dinshaw Maneck Mistry ]
Aged 96 years, Parsi ] Indian inhabitant, residing at ] Sethna Building, 29-29A, ] Navroji Seth Street, Thakurdwar, ] Mumbai – 400 002 ] Executors of the last Will of ]
Dr. Feroze Homi Duggan ] … Petitioners Versus Bilkish Yunus Namakwala, ] aged 67 years, Muslim Sunni, ] Indian Inhabitant of Mumbai, ] Occupation: Housewife, residing at ] Orchid Tower, “A” Wing, 24 Floor, ] Flat No.2401, Belasis Road, Mumbai ]
Central, Mumbai – 400 008. ] … Respondent Digitally signed by SUMEDH S N U A M M E D D E H O WITH NAMDEO SONAWANE SONAWANE Date: INTERIM APPLICATION (L) NO. 5597 OF 2025
2025.09.23
12:16:59 +0530
1 47 IN MISCELLANEOUS PETITION NO.240 OF 2025 IN TESTAMENTARY PETITION NO.639 OF 2022 Vandana Janardhan Salve nee ] Vandana Feroze Duggan ] Aged 53 years Occ, Nurse ] Indian Inhabitant, Residing at ] Room No.368, Room 11, Vishnu Patil ] Chawl, Near Shankar Mandir, ]
Achanak Nagar Thane 400 612 ] … Applicant In the matter of Lady Jena Jamshedji Duggan ] … Deceased
1. Shrieen Dinshaw Mistry ]
Age: 63 Years, Parsi ] Indian Inhabitant, residing at ] Sethna Building, 4th Floor, 29-29A ] Navroji Seth Street, ] Thakurdwar, Mumbai: 400 002 ]
2. Shapoor Dinshaw Toorkey ]
Aged 80 years, of Secunderabad ] Parsi Zoroastrian, Indian Inhabitan] Occupation Retired, Residing at 62] Shama Apartments, 138/1, ] Prendergast Road, Secunderabad ] 500003, Telangana ]
3. Dinshaw Maneck Mistry ]
Aged 96 years, Parsi ] Indian inhabitant, residing at ] Sethna Building, 29-29A, ] Navroji Seth Street, Thakurdwar, ]
Mumbai – 400 002 ] … Petitioners versus Bilkish Yunus Namakwala, ] aged 66 years, Muslim Sunni, ] Indian Inhabitant of Mumbai, ] Occupation: Housewife, residing at ] Orchid Tower, Bellasis Road, Mumbai ]
Central, Mumbai – 400 008. ] … Respondent
2 47 WITH INTERIM APPLICATION (L) NO.12552 OF 2025 IN MISCELLANEOUS PETITION NO.240 OF 2025 Bilkish Yunus Namakwala, ] aged 66 years, Muslim Sunni, ] Housewife, residing at Flat No.2401 ] 24th Flr A Wing, Orchid Tower, ] Bellasis Road, Mumbai ]
Central, Mumbai – 400 008. ] … Applicant In the matter of
1. Shrieen Dinshaw Mistry ]
Age: 63 Years, Parsi ] at Sethna Building, ] 4th Floor, 29-29A ] Navroji Seth Street, ] Thakurdwar, Mumbai: 400 002 ]
2. Shapoor Dinshaw Toorkey ]
Aged 80 years, of Secunderabad ] Parsi Zoroastrian, Indian residing ] at 62 Shama Apartments, 138/1, ] Prendergast Road, Secunderabad ] 500003, Telangana ]
3. Dinshaw Maneck Mistry ]
Aged 96 years, Parsi ] Indian Sethna Building, 4th Floor, ] 29-29A, Navroji Seth Street, ] Thakurdwar, ]
Mumbai – 400 002 ] … Petitioners versus Bilkish Yunus Namakwala, ] aged 66 years, Muslim Sunni Indian, ] Housewife, residing at Flat No.2401 ] 24th Floor A Wing, Orchid Tower, ] Bellasis Road, Mumbai ]
Central, Mumbai – 400 008. ] … Respondent
3 47 WITH INTERIM APPLICATION (L) NO.11244 OF 2025 IN MISCELLANEOUS PETITION NO.240 OF 2025 Bilkish Yunus Namakwala, ] aged 66 years, Muslim Sunni, ] Indian Inhabitant of Mumbai ] Occupation Housewife, residing at ] Flat No.2401 24th Floor A Wing, ] Orchid Tower, Bellasis Road, ]
Mumbai Central, Mumbai – 400 008. ] … Applicant In the matter of Lady Jena Jamshedji Duggan ] … Deceased
1. Shrieen Dinshaw Mistry ]
Age: 63 Years, Parsi ] at Sethna Building, ] 4th Floor, 29-29A ] Navroji Seth Street, ] Thakurdwar, Mumbai: 400 002 ]
2. Shapoor Dinshaw Toorkey ]
Aged 80 years, of Secunderabad ] Parsi Zoroastrian, Indian residing ] at 62 Shama Apartments, 138/
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