Irfan Abbas Bebal v. Abbas Mohammed Bebal

1 TP/2136/2024 Pallavi BEFORE : MRS. R. V. Rane COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE: 27th September, 2024 CALLED FOR COMPLIANCE :

Shri. M. A. Dhorajiwala i/b Moin Advocate for petitioner.

TP/2136/2024 (ECHCBM020407 P.C.: 1. Perused Petition. Heard Ld. Advocate for 62024) petitioner. This petition is for Succession Certificate in respect of certain Securities belonging to the deceased viz. ABBAS MOHAMMED BEBAL who died at Mumbai on 15.02.2018. Copy of death certificate is annexed at Exhibit - 'A' to the petition. Copy of Identification proof of deceased is already annexed at Exhibit- 'A-1 and A-2' to the petition.

2. Advocate for petitioner submits that the said deceased was ordinarily resided at Mumbai at Room No. 27/28, 4th Floor, 138 Zakaria Masjid Street, Mumbai - 400 009, and left property within Greater Bombay and in the State of Maharashtra.

3. Advocate for petitioner submits that, the legal heirs left behind the deceased surviving as his only heirs next-of-kin according to Mohammedan Law according to Sunni Muslim are mentioned in para no. 4 of the said petition.

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4. Advocate for petitioner submits that the said deceased died intestate and that due and diligent search has been made for Will but none has been found.

5. Advocate for the petitioner submits that the father and mother of the deceased pre-deceased the deceased. The wife of the deceased Mrs. Halima Abbas Bebal pre-deceased the deceased died at Mumbai on 03rd June, 1993.

Advocate for the petitioner submits that the deceased left behind him five sons and three daughters of the deceased. Advocate for the petitioner submits that, the son of the deceased Mukhtar Abbas Bebal predeceased the deceased died at Mumbai on 07th May, 1988 and daughter viz. Noorjahan Fazluddin Rajiwate, predeceased the deceased died at Mumbai on 13th March, 1994. Advocate for the petitioner submits that, the deceased left behind him the son of the deceased viz. 1) Meraj Abbas Bebal, 2) Saleem Abbas Bebal,

3) Farooq Abbas Bebal , 4) Irfan Abbas Bebal (son of the deceased / Petitioner), and married daughter of the deceased viz. 5) Nargis Sayeed Khot and 6) Shabnam Mushtaque Mazgaonkar.

Advocate for the petitioner submits that the deceased has no other sons and daughter. Save and except there are no other legal heir and next of king left by the deceased, which is mentioned at para no. 4 of the petition.

3 TP/2136/2024 Advocate for the petitioner submits that viz. Meraj Abbas Bebal, Saleem Abbas Bebal, Nargis Sayeed Khot, Farooq Abbas Bebal, and Shabnam Mustaque Mazgaonkar had given their consent for issuance of succession certificate in favour of Irfan Abbas Begal (son of the deceased / Petitioner). The consent affidavit are annexed as page nos. 21 to 36.

6. Advocate for petitioner submits that being the 15.38% shares in the estate left by the deceased. Advocate for the petitioner submits that, he may be permitted to carryout the corrections in para No. 5 of the petition with respect to the share of the petitioner i.e. 20% in the estate of the deceased. He will carry out the said corrections and undertakes to upload the corrected version of the petition. Reverification 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 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

4 TP/2136/2024 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 the General Notice was issued on 03rd May, 2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 26th June, 2024 for proving General Notice filed through efiling and Administration Bond dated 15th June, 2024 also filed through e-filing.

11. This petition is filed for grant of Succession Certificate in respect of assets and securities 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. 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 :

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ORDER

1. Petition is allowed and the Succession Certificate be granted to the petitioner for Assets and Securities, left by the deceased and shown in the schedule, in prescribed format.

2. Before issuance of the grant, the office to verify that there is no cross Petition is pending or affidavit resisting the petition is filed

3. Office to issue grant as soon as Advocate for peitioner will file corrected version of the petition. 27.09.2024 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR