Bombay High CourtTP/1154/2024grant issued

Kalyani Shrikant Gupte Alias Kalyani Gupte v. Sultana Kasamalli Manekia Alias Sultana K Manekia Alias Sultana Manekia

2024-07-25Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th June, 2024 CALLED FOR DIRECTION:

28. TP/1154/2024 (ECHCBM02238242023) with WILL/404/2024 Mr. Uttam Rane, Adv. i/b. Siddharth Walawalkar Associates 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 Kalyani Shrikant Gupte alias Kalyani Gupte being one of the Executrix named under the Will of the deceased.

Deceased Sultana Kasamalli Manekia alias Sultana K. Manekia alias Sultana Manekia said to have died at Mumbai on 18.07.2023.

Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Rane, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 03.07.2023. The said Will is in English language.

3. Mr. Rane, Advocate for the Petitioner submits that deceased was governed under the Muslim Personal Law (Shariat) Act, 1937 (as applicable to the Shia Imami Ismaili Muslim. It is submitted that the Parents of the deceased predeceased the deceased. That the husband and the parents of the said deceased are pre-deceased to the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) said deceased. That the said deceased left no other son or daughter and no other heir and next-of-kin and/or legal representative.

That the said deceased left behind her two sons and a daughter surviving as her only heirs and next of kin, according to the Muslim Personal Law (Shariat) Act, 1937 (as applicable to the Shia Imami Ismaili Muslim female dying intestate by which she was governed at the time of her death), who are the following persons residing at the addresses set out against their respective names in Para 9 of the petition. Save and except as mentioned in para -9, there are no other legal heirs and next of kin left by the deceased.

4. Petitioner's Oath is filed. The other two executor / executrix Amin Nathani and Rehana Habib Datoobhoy have filed their affidavits dated 12th January 2024 and 16th January 2024 respectively renouncing their rights as executor. Consent Affidavits of two sons and daughter of the deceased as mentioned in para 9 are on record. Affidavit of Amin H. Manekia, 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.

) 14.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Note : This order is modified as per speaking to the mins. dated 14.06.2024.