Yahya Salehbhai Nagarwala v. Salehbhai Sm Nagarwala Alias Salehbhai Shaikh Mohammed Nagarwala Alias Mullah Salehbhai Sk Mohamme

1 TP 743 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 6th August''2024 Sr. No. - 5- TP 743 of 2024 (ECHCBM02209542023) 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. Salehbhai SM Nagarwala, alias Salehbhai Shaikh Mohammed Nagarwala alias Mullah Salehbhai Sk. Mohammedbhai Nagarwala who died at Mumbai on 28.02.1984. Copy of death certificate is annexed at Exhibit -'A' to the petition.

Advocate for petitioner submits that since identification proof of the deceased is not available petitioner had filed Affidavit dated 24.01.2024 for dispensation of identification proof of the deceased. After perusal of the same it is found that the petitioner has mentioned that they had taken search, but the said identification proof of the deceased is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased. The said request is accepted. Copy of Affidavit for dispensation of identification

2 TP 743 of 2024 proof of the deceased is annexed as 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. 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-kin according to Mohammadan Law 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 wife of the deceased viz. "Zehra Nagarwala died on 23.6.2015. Copy of the death certificate is annexed as Exhibit "B" to the petition.

Advocate for petitioner submits that the deceased left behind him sons and daughter viz. (1) Yahya Salehbhai Nagarwala (son of the deceased/petitioner herein), (2) Shabbir Salehbhai Nagarwala (son of the deceased),

3 TP 743 of 2024

(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 Raziya Abdulla Sapatwala and Noman Salehbhai Nagarwala had given their consent for issuance of succession certificate in favour of Yahya Salehbhai Nagarwala.

The consent affidavits are annexed as page no. 22 to 30.

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.

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 743 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 15.03.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 08.04.2024 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

5 TP 743 of 2024 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.

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.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR