Bombay High CourtTP/2213/2024grant issued

Tarique Aziz Vakil Ahmed Reshamwala v. Shaukat Ali Son Of Abdul Hamid

2024-06-26Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

sah Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 26th June, 2024 CALLED FOR DIRECTION:

30. TP/2213/2024 (ECHCBM02063962024) with WILL/884/2024 Mr. Prabhu Velar, Adv. i/b. Bina S. Shivhare 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, Tarique Aziz Vakil Ahmed Reshamwala being the sole Executor named under the Will of the deceased. Deceased Shaukat Ali son of Abdul Hamid, said to have died at Mau, Uttar Pradesh, on 09.07.2022. Copy of Death Certificate is annexed to the Petition. Copy of Aadhaar Card of the deceased as ID Proof is annexed to the petition. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

2. Mr. Prabhu Velar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mira Road, Thane on 05.03.2018. The said Will is in English language.

3. Mr. Prabhu Velar, Advocate for the Petitioner submits that deceased was governed under the Mohammed Law applicable to Sunni Muslims.

It is submitted that the parents and grandparents of the deceased predeceased the deceased. The deceased left no sons and no other daughters.. Save and except as mentioned in para -9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Joint Consent Affidavit of widow and married daughter of the

) ) ) ) ) ) ) ) ) ) ) ) ) deceased as mentioned in Para 9 of the petition are on record. Affidavit of Maqsood Noor Mohammed Momin, 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 expeditiously as prayed after verifying whether any Cross Petition or Caveat is filed.

26.06.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master