Allowed

Farzan Kersi Fouzdar v. Anosh Kersi Fouzdar.....Deceased

Bombay HC4 Apr 2016MPT/29/2016

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Testamentary and Intestate Jurisdiction, issued a declaration that Anosh Kersi Fouzdar is presumed dead following the 2004 tsunami in Sri Lanka, based on evidence that no tracing was possible after his minority years.

What did the court decide?

Declaration that Anosh Kersi Fouzdar residing at Albless Building, Flat No.7, 266, Dr. B. Jaykar Marg, Mumbai is presumed to be dead.

Farzan Kersi Fouzdar Vs Anosh Kersi… — Succession and Inheritance | Bombay HC (2016)

¶1

22-MPT-29-2016.DOC

¶2

JSN

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.29 OF 2016

¶4

IN

¶5

TESTAMENTARY PETITION NO.1915 OF 2015

¶6

Anosh Kersi Fouzdar…Deceased
And
Farzan Kersi Fouzdar…Petitioner

¶7

Mr. Nirav Barot, i/b. M/s. Maneksha & Sethna for the Petitioner.

¶8

CORAM:G.S. PATEL, J
DATED:4th April 2016

¶9

PC:-

¶10

1.This is a Petition for a declaration that one Anosh Kersi
Fouzdar of Mumbai is presumed dead.

¶11

2.Anosh was a minor in December 2004. He was at that time
on holiday with several members of his family in Sri Lanka. On 26th
December 2004, the tsunami that affected many countries, Sri
Lanka among them, claimed several lives. Except the present
Petitioner, all members of the Fouzdar family perished in that
calamity.

¶12

1 of 2

¶13

22-MPT-29-2016.DOC

¶14

3.Annexed to the Petition are copies of advertisements issued
in Sri Lanka, translations of documents issued by the local Police
Authorities in Srilanka, certificates from the High Commission of
India issued on 2nd February 2005. 13th March 2007, 14th May
2008, 7th September 2010 and 30th January 2012, all of which say
that Anosh has not been traced and that there is no change in this
position.

¶15

4.Having regard to the facts and circumstances of the case, I
believe it should be allowed. In December 2004, Anosh was 12
years old. The present Petitioner himself was then only nine years
old. The Petitioner attained majority on 20th April 2013.

¶16

5.In these circumstances, the Petition is made absolute in
terms of prayer clause (a) which reads as follows:

¶17

“It be declared that Anosh Kersi Fouzdar who was residing at Albless Building, Flat No.7, 266, Dr. B. Jaykar Marg, Mumbai 4000 002 is presumed to be dead”.

¶18

6. All concerned to act on an authenticated copy of this order.

¶19

(G. S. PATEL, J.)

¶20

2 of 2

Farzan Kersi Fouzdar v. Anosh Kersi Fouzdar.....Deceased

Case brief

What is this about?

What did the court decide?

Farzan Kersi Fouzdar v. Anosh Kersi Fouzdar.....Deceased

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sanjay Sakharam Parab Vs Arjun Pandurang Parab (Deceased)

Ajanta Pharma Limited Vs Anchal Lifescience Pvt. Ltd. and Anr.

Ajanta Pharma Limited Vs Anchal Lifescience Pvt. Ltd. and Anr.

United Spirits Ltd. Vs Deejay Distilleries Pvt. Ltd. and Anr.

Zainuddin Hakimudding Arzoo Vs Nafisabai Abbasbhai Tambawala and 2 Ors.(Caveators)

Laxmichand Veerji Shah Vs Keshav Soap Factory and Anr.