Sarfaraz Sikandar Munshi v. Sikandar Abdulkarim Munshi

1 59.TP/1017/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th August, 2024 FOR COMPLIANCE:

P. C.

:

Shri. Pintu Nishad i/b H and M Legal Associates Ld. Advocate for

59. TP/1017/2024 [Original] (ECHCBM0216170 2023) the Petitioner

1) This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short "IS Act") for the properties left by the deceased, namely (1) SIKANDER ABDULKARIM MUNSHI and (2) ZAIBUNNISA SIKANDER MUNSHI (For short "Said deceased"). The petitioner, namely SARFARAZ SIKANDER MUNSHI, has filed documents such as true copy of the death certificates of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

2) I have heard Ld. Advocate and perused the petition along with the documents. Upon perusal of the original petition with the Ld. Advocate for the petitioner, it appears that para no. 4 of the petition uploaded online and the petition with the Ld. Advocate for the petitioner are different.

3) Said deceased No. 1 died as a Married on 26.10.2013 at Mira Road (E), and the deceased No. 2 died as a Widow on 02.02.2022 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule. The delay has been explained vide Rule 382 of the Rules.

4) Citation was issued, which has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High

2 59.TP/1017/2024 Court(O.S.) Rules, 1980(for short "BHC Rules") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

5) Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. They have accepted the facts, regarding their relationship, inter-se.

6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

7) Ld. Advocate for the petitioner submitted that in view of provisions of the Mohammedan Law applicable to deceased persons, the petitioner, being Son of both of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

ORDER

1) Petition is allowed and the Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

2) The petitioner to file an account as under taken in a Petitioner's Oath within stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

08th August, 2024 Officer on Special Duty, with Testamentary Department