SUNKAPPA YELLAPPA KUNCHIKURVE Vs. MASHAPPA RAMCHANDRA DERBERE

JUDGEMENT

(1.) Heard.

(2.) This report is filed in Miscellaneous Petition No. 79 of 2007. That Petition was for grant of a Heirship Certificate. It also sought to revoke and set aside the Heirship Certificate granted and order made in a previous Miscellaneous Petition No. 65 of 1998.

(3.) The Petitioners claim to be the heirs and legal representatives of one Ramabai Yellappa, who died on 30/7/1995. One of the properties in dispute, said to be the part of the estate, is Flat No. 91, B-2, Bustan Cooperative Housing Society, Bellasis Road, Mumbai 400 008. This flat originally stood in the name of one Bharati Rajput. It was transferred to one Idris Haji Abdul Rahim and his wife Rabiya under an Agreement of Sale of 7/5/1996. It seems that on 13/6/2001, Idris and Rabiya transferred and sold this flat to one Fatima Rehman, Mr. Kamath's client. That agreement was not registered. However, there followed a Deed of Confirmation dtd. 8/7/2008 to which the agreement was annexed. This was registered. The transfer was duly recorded and approved by the housing society. The share certificate is in Fatima's name and the flat is in her possession since 2001. She has paid all maintenance and electricity bills.