Shaheen Nasser Khan v. Roshan Yusuf Khan

48-CST27-14.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 27 OF 2014 IN TESTAMENTARY SUIT NO. 122 OF 2013 Shaheen Nasser Khan

...Petitioner

Versus

Roshan Yusuf Khan

...Respondent

Mr. Rafique A. Shaikh, for the Petitioner.

Mr. Chetan Akerkar, for the Respondent.

CORAM: G.S. PATEL, J DATED:

21st June 2016 PC:- 1.

This is a Chamber Summons is in compliance with Rule 404 of the Bombay High Court Original Side Rules. 2.

The Petitioner is for Letters of Administration. The Petitioner, Shaheen, is the deceased's widow of the deceased. The Caveatrix, Roshan, is the Petitioner's mother-in-law, the deceased's mother. Shaheen and the deceased have only one son. He has now attained majority. He stays with Shaheen in a flat at Mira Road. 21st June 2016

48-CST27-14.DOC 3.

There are two, perhaps three, assets in the estate. The two that are admittedly part of the estate are an unoccupied flat at Kandivali and a bank account. In addition, Roshan says that there is a flat at Mira Road, District Thane which is also part of the deceased's estate.

4.

It is not in dispute that Shaheen and her son live in the Mira Road flat. The only question is whether this flat forms part of the deceased's estate.

5.

Mr. Shaikh for the Petitioner says that the particulars in regard to the Mira Road flat will be placed before this Court on Affidavit by the next date. That Affidavit is to be filed and served on or before 15th July 2016.

6.

List the Petition for directions on 20th July 2016. 7.

Consequently, the present Chamber Summons, one that only seeks directions, will not survive. It is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.) 21st June 2016