Nazneen Sadiq Hussain Shaikh v. Sadiq Zahir Hussain Shaikh

1 29.TP/775/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 20th September, 2024 FOR COMPLIANCE:

29. TP/775/2024 P. C.

:

Shri. Aditya Patil i/b Atmaram Patade Ld. Advocate for the Petitioner [Original] (ECHCBM0201220 2024)

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 SADIQ ZAHIR HUSSAIN SHAIKH (For short "Said deceased"). The petitioner, namely NAZNEEN SADIQ HUSSAIN SHAIKH, has 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 Married on 07-05-2023 at Mumbai leaving behind him 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.

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 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.

2 29.TP/775/2024

5) Legal heirs are minors and therefore, the petitioner has filed the affidavit on their behalf, being the mother of the said minors. Hence, in view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, as the petitioner is the birth parent of said minor.

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 Muslim Personal Laws applicable to the deceased., the petitioner, being Widow 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.

20th September, 2024 Officer on Special Duty, with Testamentary Department