1 nms1909-11 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1909 OF 2011 IN SUIT NO.1481 OF 2011 Philomina D. D’Souza ....Plaintiff V/s. Cruze B. Pacheco & Ors. ....Defendants Mr.P.P. Kulkarni for the Plaintiff. Mr.I.A. Raibakker for Defendant No.1. CORAM : S.J. VAZIFDAR, J. DATE : 19TH DECEMBER, 2011. P.C. :- 1. The plaintiff seeks an order of cancellation of the gift deed dated 20.5.2010. 2. Defendant No.2 is the widow of one Louis Pacheco and the mother of the plaintiff, defendant No.1 and defendant No.3 and one Simon. The said Simon died in the year 2002. Defendant Nos.4 and 5 are his minor children. The widow of said Simon also ought to have been made a party to the suit. 3. By the said gift deed, defendant No.2 has purportedly gifted the suit flat to defendant No.1 alone. It is not necessary for the present purpose to consider the allegation that the gift deed was executed 2 nms1909-11 under coercion and in fraudulent circumstances taking advantage of the fact that defendant No.2 is ninety years old and does not know English. The flat was admittedly owned by the deceased husband of defendant No.2 said Louis Pacheco. He died intestate. Upon his death, the plaintiff, defendant No.1, defendant No.3 and said Simon would have been entitled to a share in his estate. Prima-facie therefore, defendant No.2 had no right to give the entire flat to defendant No.1. 4. In the circumstances, pending the hearing and final disposal of the suit, the defendants shall not dispose of, alienate, encumber, part with possession of or create any third party rights in, to, upon or in respect of the said flat. 5. The notice of motion is accordingly disposed of.