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Bombay High CourtTP/328/2024grant issued

Nazma Abdul Rehman Shaikh v. Iffat Abdul Rehman Shaikh (Deceased)

2024-05-06Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 6th May, 2024.

CALLED FOR COMPLIANCE :

32. TP/328/2024 (ECHCBM02195132023) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Deepak Sonkamble i/b Shaba Khan, Advocate for the Petitioner.

P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Nazma Abdul Rehman Shaikh, being the Sole Executrix named under the Will of the deceased. Deceased Iffat Abdul Rehman Shaikh, said to have died at Mumbai on 11.08.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Sonkamble, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed and registered at Mumbai on 02.06.2023. The said Will is in English language.

3. Mr. Sonkamble, Advocate for the Petitioner submits that deceased was governed under the Mohammedan law of Succession as applicable to Sunni Muslims. It is submitted that the parents of the Deceased predeceased her many years ago and the said Deceased died unmarried. The said Deceased had only two sisters as mentioned and no brother. The said Deceased has no other sister. Save and except as mentioned in para - 8 there are no other legal heirs left by the deceased.

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4. Petitioner's Oath is filed. Consent Affidavit of Sister of the deceased as mentioned in para - 8 is on record. Affidavit of Altaf Alli Lehri, 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.

06.05.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master