Farhat Banu Kassia Alias Khalifa v. Mohamed Zubir Abubakar Khalifa (Deceased)

1 55.TP/4083/2024 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 09th January 2025 FOR COMPLIANCE:

55. TP/4083/2024 P.

C. :

Shri. V. P. Shastri Ld. Advocate for the Petitioner [Original] (ECHCBM0221201 2023)

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 Mohamed Zubair Abubaker Khalifa (For short "Said deceased"). The petitioners, namely (1) Farhat Banu Kassia alias Khalifa, (2) Farhat Banu Kassia alias Khalifa COA of Ahmed Zubair Khalifa, (3) Zainab Zubair Khalifa and (4) Aadil Zubair Khalifa, have filed documents.

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

3) Said deceased died as a Married on 03-03-2023 at Qatar leaving behind him 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-I of the petition.

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 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 55.TP/4083/2024 pertaining to the same properties. Hence, the petition is treated as uncontested one.

5) Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

6) Ld. Advocate for the petitioners submitted that in view of provisions of the MOHAMMEDAN LAW-(SHARIAT) ACT. 1937, the petitioner No.1 being the widow, No. 2 being the constituted attorney of Ahmed Zubair Khalifa, No. 3 being the daughter and No. 4 being the son 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 Limited 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.

09th January 2025 Officer on Special Duty, with Testamentary Department