Dismissed

Mr. Shaikh Abdul Azim Abdul Khalique and Anr. v. Mr. Sarfaraz Abdul Malik

Bombay HC6 Jun 2016MPT/171/2015

Case brief

AI extract

What is this about?

Held that grant of Letters of Administration does not decide questions of title. A property divested by the deceased via a valid Deed of Gift remains unaffected by administration proceedings, which do not dispute titles acquired during the donor's lifetime.

What did the court decide?

Revocation petition allowed to be withdrawn with no order as to costs; title to the flat expressly kept open.

Mr. Shaikh Abdul Azim Abdul Khalique and Anr. Vs… — Succession and Inheritance | Bombay HC (2016)

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19-MPT171-15.DOC

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ATUL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 171 OF 2015

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IN

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TESTAMENTARY PETITION NO. 194 OF 2014

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Mr. Shaikh Abdul Azim Abdul Khalique & Anr.…Petitioners
Versus
Mr. Sarfaraz Abdul Malik…Respondent

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Mr. Kedar Dighe, i/b Suman Jain, for the Petitioners.

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CORAM: G.S. PATEL, J DATED: 6th June 2016

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PC:-

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1.The Petitioners claim that they acquired title to a residential
Flat No. 601, Al-Namirah Cooperative Housing Society Limited,
Building No. A-20, Millat Nagar, New Link Road, Andheri (West),
Mumbai – 400 053 under a Deed of Gift dated 20th July 2010
allegedly executed by the deceased Shaikh Abdul Azim Abdul
Khalique in their favour. The Respondent, the deceased’s son,
obtained Letters of Administration in Testamentary Petition No.
194 of 2014. This flat seems to have been included in the List of
Assets of the deceased in that Petition.

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Page 1 of 2

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6th June 2016

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19-MPT171-15.DOC

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2.The revocation Petitioners do not claim to be the heirs of the
deceased. Their only concern is that their title to the flat under Gift
Deed should not be in any way compromised or adversely affected
by the grant of Letters of Administration.

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3.The apprehension is unfounded. It is settled that the grant of
Letters of Administration or representation to the estate does not
decide questions of title. If the deceased divested the title in his
lifetime and did so in favour of the present revocation Petitioners,
that will remain unaffected by the grant of Letters of
Administration. It will be for anybody who contests that title or for
the present Petitioners if they are so advised to adopt suitable civil
proceedings in relation to the title to that flat. This is not a matter
that can be the subject of the revocation Petition.

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4.The revocation Petition is, on instructions, allowed to be
withdrawn with no order as to costs. All rights and contentions as to
the title to the flat are expressly kept open.

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(G. S. PATEL, J.)

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Page 2 of 2
6th June 2016

Mr. Shaikh Abdul Azim Abdul Khalique and Anr. v. Mr. Sarfaraz Abdul Malik

Case brief

What is this about?

What did the court decide?

Mr. Shaikh Abdul Azim Abdul Khalique and Anr. v. Mr. Sarfaraz Abdul Malik

Case brief

What is this about?

What did the court decide?

What the court decided

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