Bombay High CourtTP/271/2024grant issued

Shiraz Rajabally Shahiwalla v. Abidali Abdul Hussain Potia (Deceased)

2024-04-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th April, 2024.

CALLED FOR COMPLIANCE:

60. TP/271/2024 (ECHCBM02160682023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Siddharth Desai I/B Rajiv A. Jadhav, Advocate for the Petitioners.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Shiraz Rajabally Shahiwalla, and Shama Shiraz Shahiwalla, being the Executors named under the Will of the deceased. Deceased Abidali Abdul Hussain Potia said to have died at Mumbai on 08.08.2020. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Will.

2. Mr. Desai, Advocate for the Petitioners submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai on 02.08.2008. The said Will is in English language.

3. Mr. Desai, Advocate for the Petitioners submits that deceased was governed under the Mohammedan Law, applicable to Mohammedan.

It is submitted that the mother of the deceased predeceased the deceased. The wife of the deceased died on 20.04.2022. Exhibit - C to the Petition is the copy of her death certificate. Save and except as mentioned in para - 8 there are no other legal heirs left by the deceased. The Ld. Advocate for the Petitioners submits that there is delay of one month in filing this Petition.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The delay be condoned as the Petitioners were unaware about the Legal process. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavits of son and married daughter of the deceased as mentioned in para - 8 are on record. Affidavit of Shiraz R. Shahiwallla, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. 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.

30.04.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master