Yahya Salehbhai Nagarwala v. Zehra Salebhai Nagarwala Alias Zehra S Nagarwala

1 TP 681 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 9th August''2024 Sr. No. - 15 - TP 681 of 2024 (ECHCBM02209962023) Mr. Prabhu Velar, Advocate for the petitioner. 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. Zehra Salebhai Nagarwala alias Zehra S N agarwala alias Zehra S M N agarwalla alias Zehra S N alias Zehra Mulla Salehbhai Nagarwala who died at Mumbai on 23.06.2015. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at A-606, Buniyan, Love Lane Cross Lane No. 2, Near Byculla Police Station, Victoria Garden, Byculla East, Mumbai- 400027; and left property in the state of Maharashtra, Uttar Pradesh and Karnataka.

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.

2 TP 681 of 2024 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs next-of-kin according to Mohammadam Law as applicable to Shia Muslims 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. The husband of the deceased died on 28.2.1984. Copy of the death certificate is annexed as Exhibit "B" to the petition. Advocate for petitioner submits that the deceased left behind her sons and daughter viz. (1) Yahya Saleh bhai Nagarwala (son of the deceased/petitioner herein) (2) Shabbir Salehbhai Nagarwala (son of the deceased) , (3) Raziya Abdulla Sapatwala (daughter of the deceased), (4) Noman Salehbhai Nagarwala (son of the deceased). 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 Shabbir Salehbhai Nagarwala, Raziya Abdulla Sapatwala (daughter of the deceased), Noman Salehbhai Nagarwala had given their consent for issuance of succession certificate in favour of Yahya Saleh bhai Nagarwala.

The consent affidavits are annexed as page no. 18 to 26.

3 TP 681 of 2024

6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 2/7th share in the estate left by the deceased.

Advocate for the petitioner submits that he may be permitted to carry out correction with respect to share of the petitioner to be entitled for 2/7th share in the estate left by the deceased instead of "1/4th share". He will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out the correction with respect to share of the petitioner to be entitled for 2/7th share in the estate left by the deceased instead of "1/4th share". He will upload the corrected version. Reverification is dispensed with.

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.

4 TP 681 of 2024 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.

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 08.03.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 05.04.2024 for proving General Notice filed through e-filing and Administration Bond dated 12.06.2024 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 :

5 TP 681 of 2024

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.

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.

Office to issue grant as soon as the Advocate for the petitioner carry out correction in para no. 5 to the petition with respect to the share of the petitioner in the estate of the deceased.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR