In re estate of Adamali Gulam Hussein Lakdawalla also known as Gulam Hussein Mulla Allibhai Lakdawala (Deceased) [2015] KEKC 37 (KLR)
- Court
- KEKC
- Case number
- 37
- Citation
- [2015] KEKC 37 (KLR)
- Decided
- 8 September 2015
The court granted the petition and distributed the estate as follows: Hashim Adamali (son) 40%, Laila Ghai (daughter) 20%, Shabbir Adamali (son) 40%. The estate of Shabbir Adamali's three grandchildren (Ammar Shabir, Zahira Shabir, and Shakira Shabir) is distributed as 50% to Ammar Shabir, 25% to Zahira Shabir, and 25% to Shakira Shabir.
Facts
The deceased, Adamali Gulam Hussein Lakdawalla, passed away on July 25, 1988. His son, Hashim Adamali Lakdawalla, filed a petition seeking orders regarding the estate, including probate, inheritance distribution, and administration.
Issues
- Determination of the deceased's heirs and their shares according to Islamic Law
- Distribution of the estate among the heirs
Reasoning
The court applied Islamic law and the Law of Succession Act to distribute the estate. It considered the deceased's will and the General Power of Attorney, and applied the principles of Islamic inheritance law.
Outcome
The court granted the petition and ordered the distribution of the estate.
Orders
- Probate granted to Hashim Adamali Lakdawalla to administer the estate in accordance with the deceased's will and Islamic law
- Plot No. 566 and Plot Portion No. M29 registered in the name of the Petitioner to administer the estate in accordance to the deceased will and Islamic law
Remedies
- Distribution of the estate as per the court's order
Authorities cited
Legislation (1)
- Mawarith (Succession)
Cases cited (1)
- Ibrahim Aboobaker and Anor. Vs. Teik Chand Dolwani and Others. Reported in AIR 1953 SC 298; (1954) 56 BOMLR6
Loading judgment…