Murad Shahrukh Hajeebhoy v. Sonuma Shahrukh Hajeebhoy (Deceased)

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

CALLED FOR COMPLIANCE :

34. TP/356/2024 (ECHCBM02194872023 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Juilee Ghadge, 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 Murad Shahrukh Hajeebhoy, being the Sole Executor named under the Will of the deceased. Deceased Sonuma Shahrukh Hajeebhoy, said to have died at Mumbai on 07.06.2022. 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. Ms. Ghadge, Advocate for the Petitioner submits that deceased submits that there is not date on the Will, however, one of the attesting witnesses has stated in his Affidavit that the said Will was duly executed by the Deceased on 21 st May 2022 at Mumbai. The said Will is in English language.

3. Ms. Ghadge, Advocate for the Petitioner submits that deceased was governed under the to Hindu Succession Act, 1956, which is applicable to Shia Khoja Ishna Ashari Muslim as per the Judgement of this Hon'ble Court in the case of Fidahusein Pirmahomedalli vs. Bai Monghibai on 11.10.1935 (para - 16). It is submitted that the Husband of the Deceased viz. Shahrukh Jaffer Hajeebhoy, sincedeceased to the Deceased, died on 4th March,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2023. Exhibit "D" to the Petition is a true copy of the Death Certificate of Husband of the Deceased. The Mother of the Husband of the Deceased pre-deceased to the Husband of the Deceased. The Deceased was survived by two Sons and two Daughters only. The Deceased had no other Son and no other Daughter. Save and except as mentioned in para - 8 there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of one son and two daughters of the deceased as mentioned in para - 8 are on record. Affidavit of Arun Ramchandra Kadam, 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