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Bombay High CourtTP/1336/2024grant issued

Shabbir Asgerali Rajkotwala v. Late Abbas Mohmedali Rajkotwala

2024-08-05Shri. S. B. Bhansali (Prothonotary Senior Master))5 pages

1 TP 1336 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 5th August''2024 Sr. No. 4- TP/1336/2024 (ECHCBM02239392023) Ms. Tasneem A. Saria, Advocate for the petitioner.

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. ABBAS MOHMEDALI RAJKOTWALA (alias ABBAS MD. ALI RAJKOTWALA), Shia Muslim who died at Mumbai on 01.07.2017. Copy of death certificate is annexed at Exhibit -'B' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A" to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at Room No. 22 A, 136/ 137 Ajij (Aziz) Building, 3rd Floor, Awabhai Kashinath Street, Tardeo Road, Mumbai 400034 and / or left property within Greater Bombay in the State of Maharashtra.

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.

2 TP 1336 of 2024 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-kin according to Muslim Personal Law (Shariat) Application Act, 1937 are mentioned in para no. 4 of the said petition.

5.

Advocate for the petitioner submits that the wife of the deceased viz. Yasmin Abbas Rajkotwala predeceased the deceased on 05.05.2013. Copy of the death certificate is annexed as Exhibit "C" to the petition.

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased.

Advocate for the petitioner submits that he may be permitted to carry out averment in para no. 4 to the petition that the deceased died issueless. He will upload the corrected version and request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out averment in para no. 1 that the deceased died issueless. He will upload the corrected version. Reverification is dispensed with. Advocate for petitioner submits that the deceased left behind him sister and brothers viz. (1) Zetun Mohmedali Rajkotwalla died as spinster predeceased the deceased on 25.08.2004. Copy of the death certificate is annexed as Exhibit "F" to the petition. (2) Asgarali Mohmedalli Rajkotwalla (brother of the deceased) predeceased the deceased on 20.07.1994 leaving behind him wife viz. (2a) Zarina Asgarali Rajkotwala (wife of deceased brother) died

3 TP 1336 of 2024 on 07.10.2014. Copy of the death certificate is annexed as H & I respectively. 2(b) Shabbir Asgarali Rajkotwala(nephew of the deceased/petitioner herein/son of deceased brother). (3) Yusuf Mohmedalli Rajkotwalla, bachelor (brother of the deceased) predeceased the deceased on 17.06.2007. Copy of the death certificate is annexed as Exhibit "G" to the petition. 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.

6. Advocate for Petitioner submits that being the nephew of deceased claims to be entitled for entire share in the estate left by the deceased.

Advocate for the petitioner submits that he may be permitted to carry out correction in para no. 12 to the petition with respect to "the deceased claims to be entitled for entire share to the estate left by the deceased". He will upload the corrected version and request that reverification may be dispensed with. The request is accepted. Advocate for the petitioner is permitted to carry out correction in para no. 12 to the petition with respect to "the deceased claims to be entitled for entire share to the estate left by the deceased". He will upload the corrected version. Reverification is dispensed with.

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

4 TP 1336 of 2024 other enactment to the grant of the certificate of the validity thereof if it was granted.

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 03.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 09.07.2024 for proving General Notice filed through e-filing and Administration Bond dated 25.07.2024 also filed through e-filing. The Administration Bond is taken on record.

12. This petition is filed for grant of Succession Certificate in respect to the securities which was mentioned in

5 TP 1336 of 2024 Schedule-1 which is annexed to the petition. The petitioner has complied all the necessary compliance for grant of the 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.

Office to issue grant as soon as the Advocate for the petitioner carry out correction in para no. 4. Advocate for the petitioner to carry out correction in para no. 12 to the petition with respect to "the deceased claims to be entitled for entire share to the estate left by the deceased". COMPANY REGISTRAR / TESTAMENTARY REGISTRAR