ZULKARNAIN MOHAMMEDHUSSAIN KAGALWALA Vs. MUMTAZ HUSSAIN MOHAMMEDHUSSAIN KAGALWALA

JUDGEMENT

(1.) This is the usual suit between the admitted siblings where one sibling, despite admitting the right to the share of the other siblings after the death of his parent, keeps appropriated to himself the estate of the deceased constraining the other siblings to sue for their share.

(2.) All the parties in this suit are the admitted heirs of their deceased father, one M.A. Kagalwala (the deceased). All of them accept the relationship and most of the estate of the deceased. They also accept that they are governed by the Shariat Law. The plaintiff, defendant No.1 and defendant No.2 who are the sons of the deceased have an equal share which is double that of the daughter of the deceased who is defendant No.3, their sister. Hence the plaintiff, defendant No.1 and defendant No.2 have 2/7th share in the estate of the deceased. The defendant No.3 has 1/7th share in the estate of the deceased.

(3.) These shares of the parties and the relationship between the parties is admitted in paragraphs 4,5,7 & 21 of the affidavit in reply of defendant Nos.1 & 2. The properties which are shown to be the estate of the deceased are largely admitted. What is claimed to be denied would have to be seen to consider the defence, if any, to this administration suit for dividing and partitioning the properties of the deceased amongst his children who are his heirs and admittedly entitled to their respective specified shares therein.