Ms. Salmeen Tareq Shaikh v. Tareq Abdullah Shaikh Deceased No 1

1 TP 1605 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 30th August'2024.

Sr. No. 22 - TP/1605/2024 (ECHCBM02197282023) Ms. Urvashi Mehra, Advocate for the petitioner. For Compliance

1. Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain debts and securities belonging to the deceased no. (1) viz. Tareq Abdullah Shaikh who died at Mumbai on 07.10.2018. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition. And deceased no. (2) viz. Ishrat Tareq Shaikh who died at Mumbai on 03.06.2016. Copy of death certificate is annexed at Exhibit -'B' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B1" to the petition.

It has been observed that in cause title of the petition though deceased no. 1 viz. Mrs Ishrat Tarequ Shaikh is a female, inadvertently it is mentioned that "at the time of his death". Advocate for the petitioner submits that she may be permitted to replace the word "his" with the word "her" as the deceased no. 1 is female. She 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 replace the word "his'' with

2 TP 1605 of 2024 the word "her". She will upload the corrected version. Reverification is dispensed with.

2.

Advocate for petitioner submits that both the said deceased No. (1) and (2) ordinarily resided at Flat No. 5/145 2nd floor, Rukshmani Villa, Pinges Chouk, Road No.5, Shivaji Park, Opp Saraswat Bank, Dadar West, Gr. Mumbai, Mumbai, Maharashtra 400016 and left properties in the Greater Mumbai and in the State of Maharashtra and elsewhere in India.

3. Advocate for petitioner submits that both 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 both the deceased surviving as their only heirs next-of-kin according to Mohammedan Law applicable to muslims are mentioned in para no. 4 of the said petition. Advocate for the petitioner to carry out correction in para no. 4 of the petition with respect to Act and law the deceased follow. Advocate for the petitioner submits that she may be permitted to carry out correction in para no. 4 with respect to Act and law the deceased follow and she will upload the corrected version. She request that reverification may be dispensed with. The said request is accepted. Advocate for the petitioner is permitted to carry out correction in para no. 4 of the petition. She will upload the corrected version. Reverification is dispensed with.

3 TP 1605 of 2024 5.

Advocate for the petitioner submits that the parents of both the deceased predeceased the deceased. Advocate for petitioner submits that both the deceased left behind them son viz. Salmeen Tareq Shaikh (son of the deceased/petitioner herein). 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 son of deceased claims to be entitled for full 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.

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.

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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 31.07.2024 for proving General Notice filed through e-filing.

Pursuant to order dated 28.02.2023 passed by Hon'ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of Administration Bond. Hence, as per direction of the Hon'ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.

12. This petition is filed for grant of Succession Certificate in respect to the debts and 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 Succession Certificate in favor of the petitioner.

5 TP 1605 of 2024 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 debts and 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.

Office to proceed with grant as soon as the Advocate for the petitioner carry out correction in cause title as well as with respect to the act in para no. 4 of the petition. COMPANY REGISTRAR/ ksa/rvr TESTAMENTARY REGISTRAR