Abis Rizvi’s wife, son move HC, claim share by intestate succession

Abis Rizvi (File photo)

A minor son and wife of late businessman and film producer Abis Rizvi have moved the Bombay High Court with separate suits, claiming share by intestate succession in the estate of the deceased.

The minor son and wife Pooja Rizvi have made Abis’ father Akhtar Hasan Rizvi the first defendant in the suit. In 2017, Abis was among the 39 killed in the early hours of New Year’s Day in Istanbul when a terrorist dressed as Santa Claus fired over 100 shots in a nightclub.
On Thursday, Justice G S Patel, in an order, said: “I am not today passing an order on the ad-interim application. My effort at this stage is to attempt a final settlement of both suits. A protracted litigation is clearly not in the interest of any of the parties to either of these two suits.”

Justice Patel added that as the estate was of considerable value and spread over diverse holdings and interests, not all may be immediately valued or assessed. “This exercise will necessarily have to be separated into components and assessed in stages.”

The order said that the first step must be to identify the extent of the estate, to be followed by its valuation. “I note that there is no agreement between the two sides as to the share of… (minor son of Abis) or Pooja, or both, in Abis’ estate. The reason is this. The first defendant (Akhtar Hasan Rizvi) claims that Abis left a will under which there was a substantial monetary bequest, or at least a bequest of considerable value, to …(minor son), and the provision for residence and a life interest for Pooja.”

While the son and Pooja’s lawyers told the court that the will is yet to be made public, Akhtar lawyer claimed that it is already in public domain. “Presumably, but for the will, the whole of the estate of Abis Rizvi would, in law, be divisible between …(minor son) and Pooja. This again is a matter that will have to be examined at an appropriate stage… The attempt today is only to get a working assessment of the estate itself…,” Justice Patel said.

Maintaining that it “expects to see a copy of the will,” the court said Akhtar’s lawyer had made a statement that the Rs 3 lakh per month being paid to Pooja and the education expenses of the minor son would not be interrupted. It also noted that Akhtar’s lawyer had said that there is no attempt to disturb Pooja’s and the son’s possession and occupation of the triplex apartment on the 13th, 14th and 15th floor of the Breezy Heights at Pali Hill, Bandra. The court will hear the matter next on August 24.