Shahid Hamid Mohamedi v. Hamid Raham Ali Mohamedi
1 TP 1203 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 4th September'2024.
Sr. No. 6 -TP/1203/2024 (ECHCBM02002352024) Mr. Mitesh Ghatkar, Advocate i/b. Nikhil Sansare for the petitioner.
For Compliance :
Advocate for the petitioner submits that as per directed issued in order dated 26.08.2024 they have carried out correction in para no. 5 of the petition with respect to share of the petitioner I.e 2/7th share in the estate of the deceased as well as Advocate for the petitioner has uploaded the corrected Administration Bond as per form no. 120. He further submits that the date of lodging of the petition is corrected and the corrected petition is uploaded but the same is pending for approval so that the issuance of grant can be proceeded. Since the Advocate for the has uploaded the corrected version and the corrected Administration Bond I proceed to pass the following order.
1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. Hamid Raham Ali Mohamedi who, sunni muslim died at Mumbai on 16.05.2020. Copy of death certificate is annexed at Exhibit
2 TP 1203 of 2024 -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition. 2.
Advocate for petitioner submits that the said deceased ordinarily resided at Roonm No. 1, 25/B, sarmaya Building, Badr Baugh, Balaram Street, Near Bank of India, Grant Road, Mumbai - 400007 and left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.
3. Advocate for petitioner submits that, the said deceased died intestate and that due and diligent search has been made for the Will but none has been found. 4.
Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-kin according to Mohammadan Law applicable to Sunni Muslims are mentioned in para no. 4 of the said petition. 5.
Advocate for the petitioner submits that the parents of the deceased predeceased the deceased. The wife of the deceased viz. Naseema Hamid Mohamedi expired on 08.01.2016. Copy of the death certificate is annexed as Exhibit "B" to the petition.
Advocate for petitioner submits that the deceased left behind him daughters and son viz. (1) Naeema Shoaib Ahmedi nee Naeema hamid Mohamadi (married daughter of the deceased) , (2) Shahid Hamid Mohamedi (son of the
3 TP 1203 of 2024 deceased/petitioner herein), (3) Shehnaz Hussain Abdullah Nee Shenaz Hamid Mohamadi (married daughter of the deceased), (4) Shamima Zaffar Hussain Nee Shamima Hamid Mohamadi (married daughter), (5) Majid Hamid Mohamedi (son of the deceased). Save and except there are no other legal heirs and next of kind left by the deceased, which is mentioned at para no. 4 of the petition. Advocate for petitioner submits that Naeema Shoaib Ahmedi nee Naeema hamid Mohamadi, Shehnaz Hussain Abdullah Nee Shenaz Hamid Mohamadi, Shamima Zaffar Hussain Nee Shamima Hamid Mohamadi and Majid Hamid Mohamedi had given their consent for issuance of succession certificate in favour of Shahid Hamid Mohamedi.
The consent affidavits are annexed as page no. 15 to 30.
6. Advocate for Petitioner submits that being the son of deceased claims to be entitled for 2/7th share in the estate left by the deceased.
7. Advocate for petitioner submits that, there is no impediment under Section 370 of the Indian Succession Act, 1925 or under any other provision of this Act or any other enactment to the grant of the certificate of the validity thereof if it was granted.
4 TP 1203 of 2024 8.
Advocate for petitioner submits that no application has been made to any District Court or District Delegate or to any High Court for probate of any Will of the said deceased or for letters of administration with or without the Will for annexed to their property and credits. 9.
Advocate for petitioner submits that no application has been made to any District Court for Succession Certificate in respect of any debt or security belonging to the estate of the deceased.
10. Advocate for the petitioner submits that there is delay of filing this petition be condoned as the concerned authorities asked for legal representation to transfer the property in favour of the Legal heirs. In view thereof, delay is condoned.
11. Advocate for the petitioner submits that the General Notice was issued on 06.04.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 05.08.2024 for proving General Notice filed through e-filing and Administration Bond dated 09.08.2024 also filed through e-filing.
12. This petition is filed for grant of Succession Certificate in respect to the securities which was mentioned in Schedule-1 which is annexed to the petition. The petitioner has complied all the necessary compliance for grant of the
5 TP 1203 of 2024 Succession Certificate in favor of the petitioner. 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 Succession Certificate be granted to the petitioner for certain securities left by the deceased and shown in the schedule, in prescribed format.
2) Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.
3) The petitioner to file an account as undertaken in the Administration Bond within stipulated period. Necessary endorsement be made on the Administration Bond, subject to satisfaction of the Department.
COMPANY REGISTRAR / TESTAMENTARY REGISTRAR