Bombay High CourtTP/1044/2024grant issued

Tarique Aziz Vakil Ahmed Reshamwala v. Mohamad Murtaza Alias Mu.Murtaja Alias Mohamad Murtaza Son Of Mohamad Idrish (Deceased)

2024-06-12Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th June, 2024 CALLED FOR DIRECTION:

25. TP/1044/2024 (ECHCBM02038522024) with WILL/349/2024 Mr. Siddharth Desai, Adv. i/b.Bina S. Shivhare for the Petitioner.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P. C. :

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Tarique Aziz Vakil Ahmed Reshamwala being the sole Executor named under the Will of the deceased. Deceased Mohamad Murtaza alias Mu. Murtaja alias Mohamad Murtaza son of Mohamad Idrish said to have died at Mumbai on 13.04.2016.

Copy of Death Certificate is annexed to the Petition. Copy of Voter Id of the deceased as ID Proof is annexed to the Affidavit filed by the Petitioner on 20th February 2024.

2. Mr. Desai, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 18.12.2014. The said Will is in English language.

3. Mr. Desai, Advocate for the Petitioner submits that deceased was governed under the Mohammed Law. It is submitted that the Parents, grandparents and wife of the Deceased pre-deceased the Deceased. The deceased left no other sons and no daughters. Save and except as mentioned in para 9, there are no other legal heirs and

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) next of kin left by the deceased. The Ld.

Adv. for the Petitioner submits that That the Petitioner was not aware about obtaining any legal representation/Probate . the revenue department has recently asked for Probate of the Will of the deceased and so there is delay in filing this Petition. The delay so caused may be condoned. Thus, the delay is explained.

4. Petitioner's Oath is filed. Consent Affidavit of son of the deceased as mentioned in Para 9 is on record. Affidavit of Mohammed Farook Ayub Khan, one of the attesting witness to the Will is filed. Affidavit of service of General Citation is filed. All affidavits are filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 12.06.2024