Badrunnisa Mohammed Yakub Qureshi v. Mohammad Yakub Ishaque Qureshi

1 54.TP/3113/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 27th August, 2024 FOR COMPLIANCE:

54. TP/3113/2024 P.

C. :

Shri. R T Kharwar i/b Anupam Dubey Ld. Advocate for the Petitioner [Original] (ECHCBM0209583 2024)

1) This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short "IS Act") for the properties left by the deceased, namely Mohammed Yakub Ishaque Qureshi alias Mohammed Yakub Qureshi alias Qureshi Mohd. Yakub alias Qureshi Mohd. Yaqoob alias Qureshi Mohammed Yaqub (For short "Said deceased"). The petitioners, namely (1) Badrunnisa Mohammed Yakub Qureshi, (2) Somaiya Sarfaraz Momin, (3) Mohammed Tauffique Mohammed Yakub Qureshi, (4) Mohammed Tahir Qureshi S/o. Mohd. Yakub Qureshi, (5) Junaid Mohammed Yakub Qureshi and

(6) Zavid Mohammed Yakub Qureshi, have filed documents.

2) I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a Married on 14/06/2023 at Mumbai leaving behind him/her/them legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule.

4) Citation was issued, which has been duly affixed on the conspicuous part of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High

2 54.TP/3113/2024 Court(O.S.) Rules, 1980(for short "BHC Rules") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

5) In view of the Order, passed in the TP No. 2918/2023, the all legal heirs of the deceased are petitioners, and therefore they are exempted from the furnishing the surety Bond.

6) Ld. Advocate for the petitioners submitted that in view of provisions of the Muslim Personal Laws applicable to the deceased., the petitioner, being No.1 being widow, No. 2 being daughter and no. 3 to 6 being sons of the deceased, are entitled to seek a Letters of Administration. Hence, facts stated by petitioners, 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 Letters of Administration be granted to the petitioners for properties, left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

2) The petitioners to file an account as under taken in a Petitioner's Oath within stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

27th August, 2024 Officer on Special Duty, with Testamentary Department