Disposed

Zainuddin Hakimudding Arzoo v. Abbasbhai Fidahussain Bohra

Bombay HC2 Dec 2016TP/525/2015

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay held that two Testamentary Petitions were withdrawn by the parties.ordered the withdrawal of caveats and dismissed the petitions. It further directed that deposited bank amounts to be paid to Kutubuddin Tambawala.

What did the court decide?

Testamentary Petitions No. 525 and 498 of 2015 dismissed as withdrawn; Caveat dismissed as withdrawn; Deposit of Rs.19,46,727 with interest to be paid to Kutubuddin Tambawala.

Zainuddin Hakimudding Arzoo Vs Abbasbhai… — Succession and Inheritance | Bombay HC (2016)

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906-TP-525-2015-498-2015.DOC

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JSN

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 525 OF 2015

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Zainuddin Hakimudding Arzoo… Petitioner
And
Abbasbhai Fidahussain Bohra… Deceased

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TESTAMENTARY PETITION NO. 498 OF 2015

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Kutubddin S/o. Abbasbhai Tambawala… Petitioner
And
Abbasbhai Fidahussain Bohra… Deceased

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Ms. Priyanka Kothari, i/b Waquar Ahmad for the Petitioner in TP No. 498 of 2015 and Applicant in NMT Nos. 188/2016, 189 and 190 of 2016.

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Ms. Kanchan Chavan , for the Petitioner in TP No. 525 of 2015 and Respondent No.2 in NMT No.188 of 2016.

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CORAM:G.S. PATEL, J
DATED:2nd December 2016

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PC:-

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1.The Petitioner in Testamentary Petition No. 498 of 2015, one
Kutubuddin Abbasbhai Tambawala (“Kutubuddin”) obtained
granted Letters of Administration to the property and credits of
Abbasbhai Fidahusain Tambawala (“Abbasbhai”). It seems that
thereafter one Zainuddin Hakimuddin Arzoo (“Zainuddin”) filed

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Page 1 of 3
2nd December 2016

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906-TP-525-2015-498-2015.DOC

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Testamentary Petition No. 525 of 2015 seeking probate to a Will said
to have been left by Abbasbhai. Kutuddin filed a Caveat and
Affidavit in Support opposing the grant of probate and disputing the
Will.

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2.In the meantime Kutubuddin filed three Notices of Motion
Nos. 184 of 2016, 185 of 2016 and 186 of 2016 against three different
banks, joining Zainuddin as the 2nd Respondent, and seeking that
the amounts lying to the credit of Abbasbhai’s accounts in those
three banks be brought into Court.

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3.I made an order on those Motions on 18th July 2016. These
amounts have been deposited with the Prothonotary and Senior
Master of this Court. The particulars are as follows:-

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`Sr.` `No.`	`Notice of` `Motion`	`Date of` `Invest` `ment`	`Investment` `Amount`	`Invested` `in`	`Fixed` `Deposit` `maturity` `date`
`1`	`Notice of Motion` `No. 188 of 2016` `Kutubddin S/o` `Abbasbhai` `Tambawala V/s` `The City Co-Op` `Bank Ltd., and` `Another`	`25/08/2` `016`	`5,78,239.` `00`	`Union` `Bank of` `India,` `M.S.` `Marg`	`25/08/2017`
`2`	`Notice of Motion` `No. 189 of 2016` `Kutubddin S/o` `Abbasbhai` `Tambawala Vs` `The Shamrao` `Vitthal Co-Op` `Bank Ltd. and` `Anr.`	`25/08/2` `016`	`5,68,488.` `00`	`Union` `Bank of` `India,` `M.S.` `Marg`	`25/08/2017`

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Page 2 of 3

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2nd December 2016

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906-TP-525-2015-498-2015.DOC

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`Sr.` `No.`	`Notice of` `Motion`	`Date of` `Invest` `ment`	`Investment` `Amount`	`Invested` `in`	`Fixed` `Deposit` `maturity` `date`
`3`	`Notice of Motion` `No. 189 of 2016` `Kutubuddin S/o.` `Abbasbhai` `Tambawala V/s` `Indian Overseas` `Bank and Anr.`	`30/08/` `2016`	`8,00,000.` `00`	`Union` `Bank of` `India,` `Home` `Stree` `Branch`	`30/08/2017`
	`TOTAL`		`19,46,727.00`

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The total amount is Rs.19,46,727/-.

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4.The parties have now resolved their disputes. Kutubuddin has
agreed to withdraw his caveat in Zainuddin’s Testamentary Petition
No. 525 of 2015. That caveat is dismissed as withdrawn. For his
part, Zainuddin, who is personally present in Court, requests that he
be permitted to withdraw the Testamentary Petition. His
Testamentary Petition No. 525 of 2015 is dismissed as withdrawn.
Refund of Court Fees, if any, in accordance with the Rules. Drawn
up order is dispensed with.

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5.As regards the amount of Rs.19,46,727/-, it is agreed between
the parties that this amount in its entirety with accrued interest is to
be paid by the Registry to Kutubuddin Tambawala, the Petitioner in
Testamentary Petition No. 498 of 2015.

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

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Page 3 of 3

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2nd December 2016

Zainuddin Hakimudding Arzoo v. Abbasbhai Fidahussain Bohra

Case brief

What is this about?

What did the court decide?

Zainuddin Hakimudding Arzoo v. Abbasbhai Fidahussain Bohra

Case brief

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