Zahara Parvez Topiwala v. Parvez Hyderali Topiwala (Deceased)

909-MPT19-16.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 19 OF 2016 Zahara Parvez Topiwala

...Petitioner

Versus

Hasina A Daredia ...Caveator And Parvez Hyderali Topiwala ...Deceased Mr Clive D'Souza, i/b Raphael D'Souza, for the Petitioner. Mr Rahul Soman, i/b M/s. Solomon & Co., for the Caveator. CORAM: G.S. PATEL, J DATED:

6th April 2018 PC:- 1.

There is a dispute as to heirship. One of the noticees to the proclamation, Mrs Hasina Darediam, opposes issuance of a Heirship Certificate. There is a controversy as to whether it is the Petitioner who is a heir under the personal law governing the parties or whether the noticees, i.e. the sisters of the deceased, all Ismaili Khojas, are governed by the Hindu Law of Succession or not. 2.

This is not a controversy that can be examined in proceedings of this nature under Section 2 of the Bombay Regulation VIII of 1827.

6th April 2018

909-MPT19-16.DOC 3.

Liberty to the Petitioner to adopt such proceedings as she may be advised for a declaration and adjudication of her rights in respect of the estate of the deceased, Parvez Hyderali Topiwala. 4.

The Petition is disposed of in these terms. No costs. 5.

All rights and contentions of all sides are expressly kept open. (G. S. PATEL, J) 6th April 2018