Zamir Shermahomed Mahomed v. Mumtaz Shermahomed Mahomed

msm Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th July, 2024.

CALLED FOR COMPLIANCE :

78. TP/2306/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Jyoti Badgujar i/b. Mr. S. U. Lakdawala, Advocate for Petitioners.

with WILL/917/2024 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 Petitioners Zamir Shermahomed Mahomed and Ayaz Shermahomed both being the Executors named under the Will of the deceased. Deceased Mumtaz Shermahomed Mahomed alias Mumtaz Shermahomed, said to have died at Mumbai on 14.10.2016. 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. Ms. Badgujar, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed at Mumbai on 14.08.2003. The said Will is in English language.

3. Ms. Badgujar, Advocate for the Petitioner submits that deceased was governed under the Hindu Succession Act, 1956. It is submitted that the deceased had three sons viz. (1) Zamir Shermahomed Mahomed (2) Ayaz Shermahomed (3) Abbas Shermahomed ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

Mahomed. Abbas pre-deceased the Deceased on 2 nd December 1954. Hence, his death certificate is not available. Abbas had passed away as an infant aged a few days old. The mother Mrs. Fatimabai Ramzanali of the Deceased passed away way back in 1989.

Hence, even her death certificate is not available. The mother Mrs. Fatimabai Ramzanali pre-deceased the Deceased. Save and except as mentioned in para -8, there are no other legal heirs and next of kin left by the deceased. The Ld. Advocate for the Petitioners submits that the delay in the filing the Petition is because Petitioner was not aware and recently they have been advised to obtain the same. Hence delay in filing the present Petition be condoned in the interest of Justice. Thus, the delay is explained.

4. Petitioner's Oath is filed. Affidavits of Dr. Hasnain Patel and Tahira Ayaz Shermahomed, both the attesting witnesses to the Will are 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 29.07.2024