Sameera Shafi Ur Rahaman v. Mohammed Shafi Ur Rahman Alias Shafiq Rahman Alias Mohammed Shafique Rehman (Deceased)

1 TP 2572 of 2024 BEFORE : MRS. R.V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 31st July'2024 Sr. No. - 30 - TP/2572/2024 (ECHCBM02079182024) Mr. Sameer Logade, Advocate for the petitioner. Called 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 belonging to the deceased viz. MOHAMMED SHAFI UR RAHMAN alias SHAFIQ RAHMAN alias MOHAMMED SHAFIQUE REHMAN alias MOHAMMED SHAFI UR RAHAMAN, who died at Hyderababd on 08.08.2020. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "B" to the petition.

2.

Advocate for petitioner submits that the said deceased ordinarily resided at Flat No. 118/7, Gokul Apartment, Budargarh Society, RTO Lane, 4 Banglows, Andheri (West), Mumbai - 400053 and/or left certain debts within Greater Bombay.

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

2 TP 2572 of 2024 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs next-ofkin according to Muslim Personal Law (Shariat) Application Act, 1937 (Applicable to Shia/Sunni Muslim) are mentioned in para no. 4 of the said petition.

5.

Advocate for the petitioner submits that the parents of the deceased predeceased the deceased.

Advocate for petitioner submits that the deceased left behind him widow and daughter viz. Sameera Shafi Ur Rahaman (widow of the deceased/petitioner no. 1) and Deisha Shafi Ur Rahaman, daughter of the deceased/petitioner no. 2). 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 widow of deceased claims to be entitled for 1/8th share share in the estate left by the deceased.

Advocate for Petitioner submits that being the daughter of deceased claims to be entitled for 7/8th share share in the estate left by the deceased.

Advocate for the petitioner submits that he may be permitted to carry out the correction in para no. 5 to the petition the share of the widow of the deceased with respect to claims to be entitled to the 1/8th share each of the estate left by the deceased and share of the daughter of the deceased

3 TP 2572 of 2024 with respect to claims to be entitled to the 7/8th share each of the estate left by the deceased. He will upload the corrected version and request reverification may be dispensed with. The said request is accepted. Advocate for the petitioner will upload the corrected version. Reverification is 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 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 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 15.06.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service

4 TP 2572 of 2024 dated 02.07.2024 for proving General Notice filed through efiling. Advocate for the petitioner submits that "pursuant to the order dated 2.2.2024 passed by the Hon'ble Shri Justice Manish Pitale, in Testamentary Petition No. 2918 of 2023, direction was given to the Registry in case of all the surviving legal heirs of the deceased are petitioners before the Court and the right or interest of no other legal heir is required to be protected, the department shall not insist on furnishing Administration Bond. Hence, Administration Bond is dispensed with".

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

5 TP 2572 of 2024 Office to issue grant as soon as the Advocate for the petitioner carry out correction in para no. 5 to the petition with respect to the share entitled to the petitioners in the estate of the deceased.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR