Zainab Shabbir Basrai Shia Dawoodi Bohra v. Salma Huseni Basarai Alias Salma H Basrai (Deceased)

1 TP 4939 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 7th January 2025..

Sr. No. 2 - TP/4939/2024 AMH20230019430C202400009 Ms. SHIVHARE BINA SURESH, Advocate for the petitioner. Judgment Reserved - 27.11.2024 Judgment Pronounced -07.01.2025 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 viz. Salma Huseni Basarai alias Salma H Basrai who died at Mumbai on 25.05.1996. Copy of death certificate is annexed at Exhibit -'A' to the petition. 2.

Advocate for petitioner submits that the said deceased ordinarily resided at A-204, Jasmin Apartment, Mazgaon, Mumbai-400 010 and left property within Greater Bombay in the State of Maharashtra.

3. Advocate for petitioner submits that, the said deceased died intestate and that due and diligent search has been made for the Will but none has been found. 4.

Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs next-of-kin according to Mohammedan Law are mentioned in para no. 4 of the said petition.

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Advocate for the petitioner submits that the parents of the deceased predeceased the deceased. The husband of the deceased viz. Husani Basrai is since deceased on 25.1.2005. Copy of the death certificate is annexed as Exhibit "C"

Advocate for petitioner submits that the deceased left behind her son viz. (1) Shabbir Husani Basrai (son of the deceased) who expired on 8.7.2016. copy of the death certificate is annexed as exhibit "B" . He left behind him (1a) Zainab Shabbir Basrai (daughter in law of the deceased/petitioner herein), (1b) Fatema Shabbir Basrai (grand daughter of the deceased/daughter of deceased son), (1c) Mohamedali Shabbir Basrai (grandson of the deceased/son of deceased son), (2) Nafisa Huseini Malbari (daughter of 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. Advocate for petitioner submits that Fatema Shabbir Basrai, Mohamedali Shabbir Basrai and Nafisa Huseini Malbari had given their consent for issuance of succession certificate in favour of Zainab Shabbir Basrai , petitioner herein.

The consent affidavits are annexed as page no. 21 to 23.

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6. Advocate for Petitioner submits that being the daughter in law of deceased claims to be entitled for 1/8th 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 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.

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11. Advocate for the petitioner submits that the General Notice was issued on 17.10.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 18.11.2024 for proving General Notice filed through e-filing and Administration Bond dated 28.10.2024 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.

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.

COMPANY REGISTRAR / TESTAMENTARY REGISTRAR