LAWS(BOM)-2010-5-11

CHAUDHARY ABDUL MAJID SHAHADAT Vs. SHENAZ ABDULLA SHAHADAT

Decided On May 05, 2010
Chaudhary Abdul Majid Shahadat Appellant
V/S
Shenaz Abdulla Shahadat Respondents

JUDGEMENT

(1.) As the basic facts, parties and properties are common,interlinked and interconnected and therefore, for proper understanding of the matter, for clarity and to avoid repetition; the submissions and the arguments are made only in these two Motions and the Court Receiver's Report, and therefore, this common order, though heard separately one after other. The facts of both suits are also dealt with separately.

(2.) (As Per Suit No. 1961 of 2003) The plaintiff is one of the daughters of Chaudhary Shaukat Hasmullah ("Shaukat") who died intestate on 5th March, 1995 leaving behind 11 heirs. Defendant Nos. 1 to 3 are the sons, defendant No. 4 is widow and defendant Nos. 5 to 10 are 6 daughters.

(3.) The basic prayers in the suit, as well as, in the notice of motion are for administration of the estate of her father Shaukat and for setting aside (a) relinquishment deed dated 1st July, 1995, signed/ executed by the plaintiff for release of her share; (b) consent terms dated 15th April, 1998; (c) development agreement dated 22nd January, 2002 in favour of defendant No. 32; (d) power of Attorney dated 26th March, 1998 in favour of defendant No. 1. The plaintiff along with other heirs of Shaukat executed a general power of attorney dated 26th March, 1998 in favour of defendant No. 1 to deal with the suit property. Clause 7 of the Power of Attorney empowers defendant No. 1 to sign the consent terms. Clause 21 entitles defendant No. 1 to deal with the property for and on behalf of the plaintiff. Clause 25 empowers defendant No. 1 to sign, execute and deliver all contracts, conveyances and assignments and another documents for and on behalf of the plaintiff.