Abdul Kadar Jilani Zikker Motorwala v. Ashraf Amreliwala Alias Ashraf Haji Amreliwala

ssd Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 4th September, 2024 CALLED FOR DIRECTION:

40. TP/1559/2024 Mr. Praful S. Pawar, Adv. for the Petitioner. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Original] (ECHCBM02124292023) with WILL/592/2024 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 Abdul Kadar Jilani Z. Motorwala Alias Abdul Kadar lilani Zikker Motorwala being the sole Executor named under the Will of the deceased. Deceased Ashraf Amreliwala alias Ashraf Haji Amreliwala s/o. Haji Abdulla, said to have died at Mumbai on 14.10.2017. Copy of Death Certificate is annexed to the Petition. Copy of Pan Card of the deceased as ID Proof is annexed to the petition.

2. Mr. Pawar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 14.10.2013. The said Will is in English language.

3. Mr. Pawar, Advocate for the Petitioner submits that deceased was governed under the Mohammadan Law, applicable to Sunni Muslims,. It is submitted that the Parents and grandparents of the deceased predeceased the deceased. The deceased died as bachelor. The said deceased had

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) only sister viz. Fatimabai Zikker Motarwala, who predeceased on 14th day of December, 1991. Deceased had no brother. EXHIBIT- "D" to the petition is the copy of the death certificate of Fatimabai Zikker Motarwala. The said Fatimabai Zikker Motarwala, had only son the Petitioner abovenamed and had no daughter. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld. Adv. for the petitioner submits that Petitioner was under a bonafide impression that the Probate 'in respect of the properties was not required as after demise of the deceased petitioner is the only person who look after the business left by the deceased.

Now the Petitioner has been informed to obtain the Probate for the purpose of collecting the said properties and to negotiate or transfer the said properties of the said deceased. Hence present Petition is filed by the Petitioner. There is a delay in filing this Petition. The delay is unintentional and the Petitioner pray that the same may be condoned in the interest of justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Affidavit of Milind Vinayak Nagotkar, 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 04.09.2024