Farha Rizwanullah Shamshi v. Rizwan Ullah Amanullah Shamshi Alias Rizwanullah Amanullah Shamshi Alias Rizwan Ullah Shamshi

1 79.TP/905/2024 Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 07th May, 2024 FOR COMPLIANCE:

79. TP/905/2024 P.

C. :

Shri. Darshit Jain i/b Seema Hunnurkar Ld. Advocate for the Petitioner [Original] (ECHCBM020265 32024)

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 Rizwan Ullah Amanullah Sharnshi alias Rizwanullah Amanullah Shamshi alias Rizwan Ullah Shamshi Rizwanullah Amanullah alias Rizwanullah (For short "Said deceased"). The petitioner, namely Farha Rizwanullah Shamshi, has filed 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.

2) I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that he has uploaded affidavit of service having document no. EDHCBM02275212024.

3) Said deceased died on 26-08-2021 at Muradabad, Uttar Pradesh leaving behind him legal heir, 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

2 79.TP/905/2024 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.

5) In view of order passed by the Hon'ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond.

6) Ld. Advocate for the petitioner submitted that in view of provisions of Muslim Laws applicable to Sunni Muslim, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. 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 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) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

3) The petitioner to file an account as under taken in a Petitioner's Oath within stipulated period.

07th May, 2024 Officer on Special Duty, with Testamentary Department