AZIZUNISSA ADBURRAHMAN KADRI Vs. JAMIL ABDUL HUSSEIN SHAIKH

JUDGEMENT

(1.) ONE Abdul Hussein Kasam Sheikh, died intestate at bombay on 30th August, 1983 at the age of 84 years, (the deceased ). The plaintiff, the daughter from first wife of the deceased, has filed the present suit for administration of the estate on 3rd February, 1984 as the deceased left diverse movable and immovable properties in Bombay (Khar) and at (Karad)Satara, as described in Exhibit "a". The plaintiff has restricted her claim to the said immovable properties.

(2.) DEFENDANT No. 1 Jamila Shaikh was third wife of the deceased. She died on 18th july, 2003; defendant Nos. 2 to 12 are the other heirs of the deceased being the deceased brother's children. As pending the suit, defendant No. 1 by way of a memorandum of oral family settlement dated 18th august, 1999 alongwith the declaration, alleged to have transferred the properties to defendant Nos. 1 (G) to 1 (J ). Therefore, after her death these defendants have been brought on record.

(3.) ADMITTEDLY, the parties are governed by the Sunni Hanafi ohamedan Law. Defendant No. 1 had no issue. Plaintiff has also no issue. As per the plaintiff, the respective shares in the estate left by the deceased is described in para 3 of the plaint.