1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.40 OF 2009 IN PETITION NO.293 OF 2004 Abdul Rauf Mohammed Ibrahim Qureshi ..Petitioner. Vs. Abdul Majeed Mohammed Ibrahim Qureshi ..Respondent. .... Mr. S.U. Lakdawala i/b L.J. Kadri for the Petitioner. Mr. Abdul Majeed Mohammed Ibrahim Qureshi – Respondent present. .... CORAM : DR. D.Y. CHANDRACHUD, J. 29th August, 2009. P.C. : 1. The Petition has been filed for the revocation of the original grant of letters of administration with the will annexed. The Petitioner is one of the sons of the deceased Mohammed Ibrahim Ashgar Qureshi who died on 25th June, 1983. The Respondent filed a petition before this Court for the grant of letters of administration on 8th December, 2009 and purported to rely upon a will executed allegedly on 1st March, 1983. In paragraph 8 of the Petition the Respondent stated that he was the only 2 heir of the deceased being the son and that the wife of the deceased had predeceased him. The Respondent stated that no other legal representatives under the Mohammedan Law exist save and except for him. The contention of the Petitioner is that the averment was palpably false. In paragraph 6 of the Petition for revocation it has been averred thus : “It has been averred that the factual position was that the deceased had during his lifetime married twice. From the marriage with the first wife one daughter have been born while from the second wife the deceased has five children – three sons and daughters including the Petitioner and the Respondent.” 2. In paragraph 9 of the reply which has been filed by the Respondent this averment has not been specifically traversed and is evasively denied. In these circumstances, it is evident that the basis on which the letters of administration were obtained from the Court were untrue. The Petitioner who is one of the sons of the deceased had not been served with the citation. Having regard to this position, the Petition will have to be made 3 absolute. 3. The Petition is made absolute in terms of prayer clause (a). The Respondent shall within a period of one week from today surrender the original grant of the letters of administration with the will annexed. *****