LAWS(BOM)-2014-1-41

UDAY NARENDRA SHAH Vs. NARENDRA AMRITLAL SHAH

Decided On January 18, 2014
Uday Narendra Shah Appellant
V/S
Narendra Amritlal Shah Respondents

JUDGEMENT

(1.) The plaintiff is the son of the defendant. The defendant's wife, the plaintiff's mother, expired on 10th June, 2013 leaving behind a registered will dated 2nd July 2011. The plaintiff has sought administration of her estate. The plaintiff has also sought disclosure of the remainder of the estate which the plaintiff has no knowledge of. The plaintiff is the sole beneficiary under the will of the deceased which has been sought to be probated. The plaintiff claims to be the owner of the properties bequeathed by the deceased to him and the usual injunction against alienation of those properties.

(2.) In the suit the plaintiff has claimed partition of immovable properties that have been bequeathed to him and mandatory injunction directing to handover those properties to the plaintiff and the usual permanent injunctions against alienation.

(3.) The defendant has filed his affidavitinreply to the notice of motion to oppose the grant of adinterim reliefs. The plaintiff has filed the rejoinder thereto.