Zainab Shabbir Basrai v. Shabbir Husani Basrai (Deceased)

BEFORE : MRS. R. V. RANE , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 12th February, 2025 CALLED FOR COMPLIANCE :

TP/4984/2024 (E-filing) Ms. Bina S. Shivhare, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain Securities belonging to the deceased namely Shabbir Husani Basrai who died at Mumbai on 08.07.2016. Copy of death certificate is annexed to the petition as Exhibit -'A'. Copy of identification proof of deceased viz. Aadhaar Card is annexed to the petition as Exhibit - "A1".

2. Ld. Advocate for petitioner submits that deceased ordinarily resided at A204, Jasmin Apartment, Mazgaon, Mumbai - 400 010, and left property within greater Mumbai, the State of Maharashtra and elsewhere in India.

3. Ld. 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. Ld. Advocate for petitioner submits that deceased left behind his only legal heirs shown in the paragraph No. 4 of the petition, as per the provisions of the Mohammedan Law.

5. Ld. Advocate for petitioner submits that parents and grandparents of deceased predeceased the deceased. Deceased was survived by widow namely Zainab Shabbir Basrai who is petitioner herein, daughter namely Fatema Shahhir Basrai and son namely Mohamedali Shabbir Basrai. 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. ......2 - 2 - Ld. Advocate for petitioner further submits that Consent Affidavits of Fatema Shahhir Basrai dated 21.10.2024 and Mohamedali Shabbir Basrai dated 18.10.2024 are filed and they have given their consents in favour of petitioner namely Zainab Shabbir Basrai. The said consent Affidavits are filed separately through e-filing.

6. Ld. Advocate for Petitioner submits that being petitioner being wife of deceased claims to be entitled for 1/8th share in the estate left by the deceased.

7. Ld. 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. Ld. 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. Ld. 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. Ld. Advocate for the petitioner submits that petitioner has recently traced out the shares standing in the name of the deceased and so there is delay in filing this petition. The delay so caused may be condoned. In view thereof, delay is condoned.

11. Advocate for the petitioner submits that the General Notice was issued on 14.11.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 03.12.2024 for proving the service of General

Notice filed through e-filing. Administration Bond dated 13.01.2025 is filed. - 3 -

12. This petition is filed for grant of Succession Certificate in respect to the securities which was mentioned in Schedule-I 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-I, 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. 12.02.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR