Bombay High CourtTP/2686/2024grant issued

Mohamed Azeem Rashid v. Saida Sajaad Rashid

2024-09-30Shri. S. B. Bhansali (Prothonotary Senior Master))2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 30th September 2024.

CALLED FOR COMPLIANCE:

41. TP/2686/2024 [Original] (ECHCBM02070802024) with WILL/1094/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, Advocate for Petitioners. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for Petitioners. This Petition is for Probate of Last Will and Testament of the deceased filed by Petitioners Mohamed Azeem Rashid, son of Sajaad Rashid and Mohamed Kumail Rashid, son of Sajaad Rashid, being the Executors named under the Will of the deceased. Deceased Saida Sajaad Rashid alias Saida Rashid D/o. of Kassim Mohamed Yusuf, said to have died at Kenya on 05.10.2023. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Passport is annexed to the Petition.

2. Mr. Lakdawala, Advocate for Petitioners submits that deceased left behind her last Will and Testament which was duly executed at Mumbai, on 05.06.2023. The said Will is in English language.

3. Mr. Lakdawala, Advocate for Petitioners submits that deceased was governed under the Mohemmedan Law applicable to Shia Muslim i.e., Muslim (Shariat) Application Act, 1937. It is submitted that the parents and grand parents of the Deceased predeceased the deceased. The Deceased had no Daughter and she died leaving behind Husband and 2 (two)

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Sons. Save and except as mentioned in para - 8, there are no other legal heirs left by the deceased.

4. Petitioners' Oath are filed. The third Executor, Siddharth Saumil Mehta has reserved his right by filing Affidavit dated 22.03.2024. Consent Affidavit of husband of the deceased as mentioned in para - 8 is on record. Affidavit of Ilhaam Dhanani, one of the attesting witnesses to the Will and Codicil are filed. Affidavit of service of General Citation is filed. All the Affidavits are also 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.

30.09.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master