Bombay High CourtTP/2580/2024grant issued

Yasmeen Shiraz Sorathia Alias Yasmin Shiraj Sorathia v. Aboobakar Ahmed Sorathia (Deceased)

2024-08-21S. S. Agate, Addl. Registrar (Os)/Addl. Protho. And Senior Master2 pages

msm Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 21st August, 2024 CALLED FOR COMPLIANCE :

35.TP/2580/2024 WITH WILL/1063/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sagar Deb , Adv. for the Petitioner.

P. C. :

1. Perused Petition. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Yasmeen Shiraz Sorathia alias Yasmin Shiraj Sorathia being the one of the Executrix named under the Will of the deceased. Deceased Aboobakar Ahmed Sorathia said to have died at Mumbai on 17th December, 2020. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Sagar Deb, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 12th February, 2022. The said Will is in English language.

3. Mr. Sagar Deb, Advocate for the Petitioner submits that deceased was governed under the Muslim Law. It is submitted that the deceased survived one son and two daughters. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. The another Executor Shiraj Aboobakar Sorathia expired and Exhibit - "C" to the Petition is a copy of his Death Certificate. Consent Affidavits of Son and two Daughters of the deceased as mentioned in Para-9 are on record. Affidavits of Zakaria Aboobakar ..2/-

) ) ) ) ) ) ) ) ) ) : 2 :

Sorathia and Asma Zakaria Sorathia, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 21.08.2024