1 TS-2 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Testamentary Suit No.2 of 1999 IN Testamentary Petition No.468 of 1998 Smt.Madhuriben widow of Meghji J. Shah .. Plaintiff v/s. Smt.Manjulaben Shah & ors. .. Defendants Mr.Farhan Dubash with Mr.P.N. Mehta i/by Desai & Chinoy for Plff. Mr.Uday G. Jaguste for Defts. Plaintiff & Caveatrix present. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 10th February 2011 P.C. : 1.The Plaintiff has applied for letters of administration of the property and credits of the deceased Meghji Jethabhai Shah. The Plaintiff claims to be his widow. The Plaintiff has shown one son and two daughters born to the Plaintiff and the deceased. These are shown to be the only heirs and next of kins left by the deceased. However, the Plaintiff has further claimed in the Testamentary Petition that the deceased had a 2 TS-2 relationship with one Manjula, daughter of Kanji Shah, who resided with the deceased at the address of the deceased mentioned in the title of the Petition. The Plaintiff has also claimed that the deceased had left three daughters by the said Manjula, whose names are recited in paragraph 6 of the Petition. 2.Upon the Plaintiff s own averments therefrom, the deceased resided with the lady and had begotten three children. 3.The Plaintiff does not admit any marriage between the deceased and the said lady Manjula Shah. However, the said Manjula Shah claims to be married to the deceased. Even if she was married to the deceased, her marriage is void in view of the deceased s marriage with the Plaintiff. However, three children born of such union would be legitimate under Section 16 of the Hindu Marriage Act even if the marriage between the deceased and the said Manjula is seen to be void. Consequently, upon the admission of the Plaintiff in paragraph 6 of the Petition that three daughters were begotten of the said union by the deceased the three daughters would require to share equally with the Plaintiff and her three children. 4.In view of such admission, further evidence with regard 3 TS-2 to the marriage of the deceased with the said Manjula is not required to be considered since the marriage of the Plaintiff with the deceased is not denied. Consequently, both Counsel, on instructions from their respective clients, agree that evidence with regard to the claim of the marriage cannot be led in this Testamentary Suit. However, upon seeing that there are seven heirs of the deceased being his wife, three legitimate children and three illegitimate children, the estate of the deceased would have to be equally divided in seven parts. Both Counsel on instructions from their respective clients agree to this position. Hence order in that behalf is required to be passed as follows: ORDER (i)The Plaintiff is granted the letters of administration of the property and credits of the deceased Meghji Jethabhai Shah. The Plaintiff shall execute the administrator s oath as well as the administration bond. The Plaintiff shall follow the due procedure prescribed by law under the Indian Succession Act for grant of the probate. (ii)The Plaintiff shall administer and distribute the property and estate such as to divide the entire estate in seven equal parts. 4 TS-2 (iii)Suit is decreed accordingly. (iv)Petition is made absolute accordingly. (v)Drawn up order is dispensed with. (SMT.ROSHAN DALVI, J.)