Karim Sherali Gangji v. Sherali Husseinbhai Gangji Alias Sherali Huseinbhai Gangji

1 TP 2592 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 4th September'2024.

Sr. No. 14 - TP/2592/2024 (ECHCBM02087472023) Mr. Hasan Mirchandani, Advocate i/b. Akash Shah for the petitioner.

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 Securities belonging to the deceased no. (1) viz. SHERALI HUSSEINBHAI GANGJI alias SHERALI HUSEINBHAI GANGIJI, shia khoja muslim who died at Mumbai on 03.03.1990. Copy of death certificate is annexed at Exhibit -'A' to the petition. And deceased no. (2) viz. ROSHANBANU SHERALI GANGJI alias ROSHANBANU SHERALI H GANGJI, shia khoja muslim who died at Mumbai on 03.03.1990. Copy of death certificate is annexed at Exhibit -'A1' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A2" to the petition.

Advocate for petitioner submits that since identification proof of the deceased no. 1 is not available petitioner had filed Affidavit dated 12.07.2024 for dispensation of identification proof of the deceased no. 1. After perusal of the same it is found that the petitioner has

2 TP 2592 of 2024 mentioned that they had taken search, but the said identification proof of the deceased no. 1 is not available with them. Hence, the petitioner request that they may be permitted to file the present petition without the identification proof of the deceased no. 1. The said request is accepted. Copy of Affidavit for dispensation of identification proof of the deceased no. 1 is annexed separately to the petition.

Advocate for the petitioner submits that the petitioners declare and confirm the above fact as true and correct and they indemnify and keep indemnified this Hon'ble from any claims if any arising therefrom the fact aforesaid mentioned and in the event any such calim arises, the Petitioners therein jointly and severally undertake to remain solely responsible for the same. This may be recorded as statement of the Petitioners made before the Hon'ble Court.

2.

Advocate for petitioner submits that both the said deceased ordinarily resided at B/20, Ismailiabad CHS, V.P.Road, Khoja Jamat Khana, Andheri (West), Mumbai - 400 058 and left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.

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

3 TP 2592 of 2024 4.

Advocate for petitioner submits that the legal heirs left behind by both the deceased surviving as their only Mohammedan law as applicable to Shia Khoja muslims and as per the family arrangement the following persons who are mentioned in para no. 4 of the said petition. 5.

Advocate for the petitioner submits that the parents of both the deceased predeceased the deceased. Advocate for petitioner submits that both the deceased left behind them son, married daughter viz. (1) KARIM SHERALI GANGJI (married son of the deceased no. 1 and 2/petitioner no. 1) (2) FEROZ SHERALI GANGJI (son of both the deceased) who died on 12.07.2015. Copy of the death certificate is annexed as Exhibit "B" to the petition. He left behind him (2a) DILSHAD FEROZ GANGJI (daughter in law of both the deceased/petitioner no.

2/wife of deceased son), (2b) RISHITA FEROZ GANGJI (grand daughter of both the deceased/daughter of deceased son) (2c) IPSHITA NAEEM RAJANI (married grand daughter of both the deceased/daughter of the deceased son), (3) SALMA NAJMUDDIN LAKHANI (married daughter of both the deceased), (4) ROZINA MEHMOOD VIRANI (married daughter of both the deceased). 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.

4 TP 2592 of 2024 LAKHANI and ROZINA MEHMOOD VIRANI had given their consent for issuance of succession certificate in favour of KARIM SHERALI GANGJI and DILSHAD FEROZ GANGJI The consent affidavits are annexed as page no. 33 to 44.

6. Advocate for Petitioner submits that petitioner No. 1 being the son of deceased claims to be entitled for 1/4th share in the estate left by both the deceased. Advocate for Petitioner submits that petitioner no. 2 being the daughter in law of deceased claims to be entitled for 1/12th share in the estate left by the deceased.

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

5 TP 2592 of 2024 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 dated 30.07.2024 for proving General Notice filed through e-filing and Administration Bond dated 27.07.2024 also filed through e-filing.

12. This petition is filed for grant of Succession Certificate in respect to the securities 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 securities left by the deceased and shown in the schedule, in prescribed format.

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2) Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

3) The petitioner to file an account as undertaken in the Administration Bond within stipulated period. Necessary endorsement be made on the Administration Bond, subject to satisfaction of the Department.

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