Bombay High CourtTP/2467/2025grant issued

Mohd. Harun Mohd. Soyeb Shaikh v. Abdullah Hidaytullah Shaikh Alias Abdullah Hidaytullah Siddiqui (Deceased)

2025-11-03Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

Ajay BEFORE : MRS. KAVITA Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 03rd November, 2025 CALLED FOR HEARING :

TP/2467/2025 WITH WILL/926/2025 Mr. Fayzan Khan i/b. Bushra Sayed, Advocate for petitioner. PC :

1. Perused Petition. Heard Ld. Advocate for petitioner. The present petition was rejected under Rule 986 and it was restored by an order dated 17.04.2025 passed in CHOL No. 287 of 2024.

2. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Mohd. Harun Mohd. Soyeb Shaikh being sole Executor named under the Will of deceased. The deceased namely Abdullah Hidaytullah Shaikh died at Mumbai on 20.04.2014. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

3. The deceased left behind his last Will and Testament which was duly executed at Mumbai on 20.07.2013. The said Will is in Hindi language and translation of the said Will is annexed to the petition alongwith Affidavit of Advocate on record dated 24.07.2025 certifying the true and correct translation of the said Will. The Para No. 1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

4. Ld. Advocate for petitioner submits that parents, grandparents and wife of deceased predeceased the deceased. Deceased was survived by four sons and five daughters. Out of them one son and one daughter have been served with the citation through the office of Sheriff, Mumbai and Affidavit of Service dated 23.07.2025 is filed to that effect. Rest of all the legal heirs have given their consents in favour of the petitioner herein. Consent Affidavits are on record. There are no other legal heirs.

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5. Petitioner's oath is filed. Affidavit of Mohammed Sadique Khan dated 24.07.2025 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 05.07.2025 is filed. Administration Bond dated 09.10.2025 is filed separately. All other legal formalities are complied with. Hence, petition is granted.

6. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR 03.11.2025