Bombay High CourtTP/1269/2024grant issued

Mohammed Nasir Ashfaque Ansari v. Shabana Begum Ansari W/O Ashfaqe Ansari Alias Shabana Ashfaqe Ansari Alias Shabana Ashfaque Ansari

2024-09-27Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 27th September, 2024 CALLED FOR DIRECTION:

35. TP/1269/2024 Ms. Sharvari s. Nagvekar, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02208702023) with WILL/449/2024 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 Mohammed Nasir Ashfaque Ansari, being the sole Executor named under the Will of the deceased. Deceased Shabana Begum Ansari W/o. Ashfaqe Ansari Alias Shabana Ashfaqe Ansari alias Shabana Ashfaque Ansari said to have died at Mumbai on 28.01.2023. 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. Ms. Nagvekar, Advocate for the Petitioner submits that deceased left behind her last Will and Testament which was duly executed at Mumbai on 11.05.2022. The said Will is in English language. The official English translation of the Will is on record.

3. Ms. Nagvekar, Advocate for the Petitioner submits that deceased was governed under the Mohammedan Law. It is submitted that the Parents of deceased and parents of husband of the deceased predeceased the

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) deceased. Deceased has no daughter.

Deceased did not have any predeceased son or predeceased daughter. 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. Consent Affidavit of husband of the deceased as mentioned in para 9 is on record. Affidavit of Rizwan Hussain Shaikh, 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 27.09.2024