Aishabanu Rafiq Mohammed Khan v. Shakila Mohammed Ahmed Patel Nee Shakila Gulam Nabi Sayed (Deceased)

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 1st August, 2025 CALLED FOR HEARING :

TP/1117/2024 (E-filing) Mr. Jayant Wani a/w. Dinesh Wani, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Probate of last Will and Testament of deceased filed by petitioner namely Aishabanu Rafiq Mohammed Khan being sole Executor named under the Will of deceased. The deceased namely Shakila Mohammed Ahmed Patel died at Mumbai on 08.02.2022. Copy of death certificate is annexed to the petition. Identification proof of deceased viz. copy of Aadhaar Card is annexed to the petition.

2. The deceased left behind her last Will and Testament which was duly executed at Mumbai on 23.09.2022. The said Will is in English language. The Para No. 1 of the Will refers to the appointment of Executor. Only one Executor appointed under the Will who is petitioner herein.

3. Ld. Advocate for petitioner submits that deceased died issue-less. Deceased had married once in her lifetime. Parents of deceased predeceased the deceased. As stated in para No. 9 of the petition, whereabouts of husband of deceased not known hence, newspaper publication is done and Affidavit of Service of Publication dated 08.02.2025 is filed to that effect. There are no other legal heirs.

4. Petitioner's oath is filed. Affidavit of Rafiq Mohammed Shafi Khan dated 21.12.2023 one of the Attesting Witness to the Will is filed. Affidavit of Service of General Citation dated 26.04.2024 is filed. Administration Bond dated 09.05.2024 is filed. All other legal formalities are complied with. Hence, petition is granted.

5. Office to issue Probate as prayed after verifying whether any cross petition is filed or whether any caveat is filed.

01.08.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG