Noor Mohammad Dawood Kadiwal (Since Deceased) v. Fatima Valimohamad Kadiwal @ Fatima Valimohd. Kadiwal (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 23rd July, 2024 FOR COMPLIANCE:

47. TP/1964/2024 with CHOL(L)/38167/2022 P. C. :

Shri. Siddharth Desai Ld. Advocate for the Petitioner 1.

Ld. Advocate for the petitioner, submitted that the some of the petitioners are brother of the predeceased paternal uncle and Ld. Advocate for the petitioner with help of the relevant paragraph from the Book, namely Mulla's Principal of Mohammedan Law by sir Dinshaw Fardunji Mulla updated edition 20th edition published by Lexis Nexis (revised by Prof. Iqbal Ali Khan) and B. R. Verma's Commentary as Mohammedan law 12th Edition, published in the year 2019 by law publishers India Pvt. Ltd., submitted that in absence of the descendant, father, mother and grand parents of the deceased, the deceased of the true grand farther sons of the parental uncle would inherit the property of the deceased, being descendants of true grandfather h.h.s.

2.

Hence, in view of this position, the the petitioner to explain about the other heirs (i.e. daughters of the parental uncle) and their capacity as a heir of the deceased. Ld. Advocate for the petitioner seeks time to explain this fact.

3.

S. O. to 02.08.2024 23.07.2024 Officer on Special Duty, with Testamentary Department