IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2565 OF 2006 IN SUIT NO.2193 OF 2006 Raj Aloni Rajbir Kaur ..Plaintiff Vs. Harcharan Kaur & ors. ..Defendants Mr. J.S.Kini i/b Mr. Kinjal Haria for the Plaintiff Ms. Mayuma Raut i/b India Law Alliance for Defendants No.1 & 4 Coram: Smt. Roshan Dalvi, J Date : 10th June, 2009 P.C. 1. This suit is filed as an administration suit. The Plaintiff’s father has expired. Defendant No.1 is the Plaintiff’s mother. Defendant No.2 & 3 are her sisters. Defendant No.4 is her Sister-in-law, the wife of her deceased brother. Defendant No.5 is a society in which the suit flat is situate. 2. The suit flat is one of the immovable properties left by the deceased. There are two other plots of land also shown as the estate of the deceased. The Plaintiff does not know and requires details of the other movable and immovable properties left by the deceased father of the Plaintiff. 3. The fact that the father has expired is admitted. The relationship between the parties is admitted. The parties to the suit are the heirs of the deceased father of the Plaintiff. They are entitled to the shares as per section 8 of the Hindu Succession Act, upon the premise that the father died intestate. 4. Defendant No.1 claims that the Plaintiff’s father has left a Will. The Will is not probated. Subject to probate being obtained the Plaintiff would be entitled to her share as on intestacy. 5. The probate Petition is not even filed. Hence the rights of the Plaintiff as one of the heirs of her deceased father cannot be disputed and must be protected. The Defendants shall not transfer or otherwise deal with the properties in the suit shown in Exhibit A to the Plaint. 6. It is the Plaintiff’s case that Defendant No.4 knows the assets and properties of the deceased father of the Plaintiff. Defendant No.4 shall disclose any further movable and immovable properties of the deceased known to her. Prayer (a) & (b) of the Notice of Motion are granted. Prayers (c) & (d) are not traced. Notice of Motion disposed of accordingly. (Smt. Roshan Dalvi,J)