Nasir Tyabji v. Salima Tyabji (Deceased)

2024:BHC-OS:12717 21 jot 128 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION JUDGE'S ORDER NO.128 of 2024 IN TESTAMENTARY PETITION NO.2998 OF 2018 Nasir Tyabji ...

Petitioner Salima Tyabji ...

Deceased Mr. Uttam Rane with Mr. Miraj Bharapuria, for Petitioner.

CORAM:

N.J.JAMADAR, J.

DATE :

19 AUGUST 2024 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

This Judge's Order is taken out seeking permission to sell the property bearing Flat No.I-21, 2nd Floor, Jungpura Extension, New Delhi, more particularly described at Sr. No.8 of the Schedule of Assets, appended to the grant of the Letters of Administration.

3.

The Petitioner has filed Testamentary Petition No.2998 of 2018 for grant of Letters of Administration to the property and credits of Salima Tyabji. By an order dated 31 August 2019, the Letters of Administration were granted to the Petitioner. The Petitioner claims to be the sole surviving legal heir of the deceased, who was a divorcee. She died issueless. Hasan, another brother of the deceased, predeceased her in September 2004. SSP 1/2

21 jot 128 of 2024.doc 4.

I have perused the averments in the Petition in support of the Judge's Order. It appears that the Petitioner is the sole surviving legal heir of the deceased.

5.

For the reasons assigned in the affidavit in support of the Judge's Order, I am inclined to permit the Petitioner to sell the above described property for a consideration of Rs.1,66,00,000/-, which appears to be optimum. 6.

The Judge's Order is accepted and signed separately. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 21/08/2024 11:33:52