Mohammed Salim Khan And ANR v. Sabira Mohammed Yunus Khan Alias Khan Sabira Mohammed Yunus (Deceased)

1 36.TP/508/2025 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 01st April 2025 FOR COMPLIANCE:

36. TP/508/2025 P.

C. :

Shri. Nitin Ghawre Ld. Advocate for the Petitioner (AMH2023004906 9C202400011)

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 Sabira Mohammed Yunus Khan alias Khan Sabira Mohammed Yunus (For short "Said deceased"). The petitioners, namely 1. Mohammed Salim Khan, 2. Rafat Ahmed Khan, have filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Widow on 09-03-2024 at Mira Bhainder, Dist. Thane leaving behind her legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule-I of the petition.

4) Citation was issued, which has been duly affixed on the Notice Board 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 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

2 36.TP/508/2025 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. Legal heirs have accepted the facts, regarding their relationship, inter-se.

6) Petitioners have 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 Muslim Personal laws applicable to the deceased, the petitioner, being Sons of the deceased, are 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 petitioners 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 petitioners 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.

4) Final order with directions to Petitioner to correct the year of petition in administration bond and re-upload the same. Furthermore, corrections must be initialed by the petitioner, surety and notary.

01st April 2025 Officer on Special Duty, with Testamentary Department