Irfan Husain Malkani v. Mohamed Husain Kasam Malkani (Deceased No.1)

1 26.TP/3941/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 21st February, 2025 FOR COMPLIANCE:

26.TP/3941/2024 [Original] (ECHCBM021282 92024) P.

C. :

Shri. Mahmood Ali i/b Waquar Ahmad Ld. Advocate for the Petitioner

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 (1) Mohamed Husain Kasam Malkani and (2) Khatizabai Mohammad Husain Malkani (For short "Said deceased"). The petitioner, namely Irfan Husain Malkani, has 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 No. 1 died as widower on 11.02.2023. The deceased No. 2 died as married on 26.11.2022 at Mumbai leaving behind them legal heirs, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule-I of the petition.

4) Citation was issued, which has been duly affixed on the Notice Board 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 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

2 26.TP/3941/2024 pertaining to the same properties. Hence, the petition is treated as uncontested one.

5) Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

7) Ld. Advocate for the petitioners submitted that in view of provisions of the MOHAMMEDAN LAW-(SHARIAT) ACT. 1937, the petitioner, being Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, 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 petitioner 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 petitioner 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.

21st February, 2025 Officer on Special Duty, with Testamentary Department