Ashrafunisa Mohamed Iqbal Parkar v. Mohamed Iqbal Kassam Parkar
1 TP 1343 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 24th June'2024.
Sr. No. - 27 - TP 1343 OF 2024 (ECHCBM0221392023) Ms. Jyoti Badgujar, Advocate i/b. Lakdawala & Co. for the petitioner.
Called for Compliance
1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Parkar Mohamed Iqbal Kassam alias Mohamed Iqbal Kassam Parkar alias Parkar Mohamed I. Kassam alias Mohamed Iqbal Kassam alias Iqbal Kassam Parkar, sunni muslim who died at Australia on 03.10.2020 Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition. 2.
Advocate for petitioner submits that the said deceased ordinarily resided at 8, Saffron Court, Riverton, Western 6148 Australia and left property including Securities within Greater Bombay and in the State of Maharashtra and elsewhere in India.
Pursuant to the direction passed by the Hon'ble Court in TP No. 233 of 2022 the issue of jurisdiction under section 371 of the Indian Succession Act is decided. It is decided
2 TP 1343 of 2024 that, this Hon'ble Court is having Jurisdiction if, the Securities/Debts lies in the Jurisdiction of this Hon'ble Court. This Court is having jurisdiction to proceed with the matter. Since, the Hon'ble Court has decided the issue of the Jurisdiction petition can be proceeded.
3. Advocate for petitioner submits that, the said deceased died intestate and that due and diligent search has been made for the Will but none has been found. 4.
Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-kin according to Mohemmedan Law applicable to Sunni Muslim are mentioned in para no. 4 of the said petition. 5.
Advocate for the petitioner submits that the parents of the deceased predeceased the deceased.
Advocate for petitioner submits that the deceased left behind him widow, two sons viz. Ashrafunisa Mohamed Iqbal Parkar (widow of the deceased/petitioner herein), Ajmal Parkar Son of Mohamed Iqbal Kassam (son of the deceased) and Khalil Parkar Son of Mohamed Iqbal Kassam. Save and except there are no other legal heirs and next of kind left by the deceased, which is mentioned at para no. 4 of the petition.
Advocate for petitioner submits that Ajmal Parkar Son of Mohamed Iqbal Kassam and Khalil Parkar Son of
3 TP 1343 of 2024 Mohamed Iqbal Kassam had given their consent for issuance of succession certificate in favour of Ashrafunisa Mohamed Iqbal Parkar.
The joint consent affidavits dated 5.12.2023 are executed at Australia by notary public filed separately.
6. Advocate for Petitioner submits that being the widow of deceased claims to be entitled for 1/8th share in the estate left by the deceased.
7. Advocate for petitioner submits that, there is no impediment under Section 370 of the Indian Succession Act, 1925 or under any other provision of this Act or any other enactment to the grant of the certificate of the validity thereof if it was granted.
8.
Advocate for petitioner submits that no application has been made to any District Court or District Delegate or to any High Court for probate of any Will of the said deceased or for letters of administration with or without the Will for annexed to their property and credits. 9.
Advocate for petitioner submits that no application has been made to any District Court for Succession Certificate in respect of any debt or security belonging to the estate of the deceased.
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10. Advocate for the petitioner submits that there is delay of filing this petition be condoned as the concerned authorities asked for legal representation to transfer the property in favour of the Legal heirs. In view thereof, delay is condoned.
11. Advocate for the petitioner submits that the General Notice was issued on 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 25.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 07.05.2024 also filed through e-filing.
12. This petition is filed for grant of Succession Certificate in respect to the securities which was mentioned in Schedule-1 which is annexed to the petition. The petitioner has complied all the necessary compliance for grant of the Succession Certificate in favor of the petitioner. Hence, facts stated by petitioner, 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 Succession Certificate be granted to the petitioner for certain securities left by the deceased and shown in the schedule, in prescribed format.
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2) Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.
3) The petitioner to file an account as undertaken in the Administration Bond within stipulated period. Necessary endorsement be made on the Administration Bond, subject to satisfaction of the Department.
ksa/rvr COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR