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Bombay High CourtTP/2027/2024grant issued

Akbar Arshad Khan v. Arshad Hasan Khan (Deceased)

2024-11-14Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 14th November, 2024.

CALLED FOR COMPLIANCE :

41. TP/2027/2024 [Original] (ECHCBM02197062023) with WILL/837/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Sunny Udasi i/b AAK Legal, Advocate for the Petitioner.

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 Akbar Arshad Khan, being one of the Executors named under the Will of the deceased. Deceased Arshad Hasan Khan, said to have died at Mumbai on 22.01.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhar Card is annexed to the Petition.

2. Mr. Udasi, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai, on 22.11.2021. The said Will is in English language.

3. Mr. Udasi, Advocate for the Petitioner submits that deceased was governed under the law that governs Sunni Muslim Community. It is submitted that the parents and wife of the Deceased pre-deceased the Deceased. The Deceased had only 2 sons as his issues. 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.

The other Executor, Nasir Khan (son of the deceased) has filed his Affidavit dated 15.10.2024 renouncing his right as Executor. Consent Affidavit of son of the deceased as mentioned in para - 9 is on record. Affidavits of Ishaat Hussain and Rustom Lawyer, both the attesting witnesses to the Will are filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

14.11.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master