Bombay High CourtTP/5185/2024grant issued

Abdul Khaliq Laheji S/O Of Abdul Razzak Laheji v. Muhamad Quasim Ahmed Hussain (Deceased)

2025-02-05Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

ary Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 05th February, 2025.

CALLED FOR HEARING:

15. TP/5185/2024 [Original] (AMH20210045624C20240 0006) with WILL/2078/2024 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. S. U. Lakdawala, Advocate for the Petitioner. P.C.:

1. Perused Petition which is filed online. Heard Ld. Advocate for the Petitioner. This Petition is for Probate of Last Will and Testament of the deceased filed by the Petitioner Abdul Khaliq Laheji son of Abdul Razzak Laheji being the Sole Executor named under the Will of the deceased. Deceased Muhamad Quasim Ahmed Hussain S/o Ahmed Hussain, said to have died at Mumbai on 16.06.2024. Copy of death certificate is annexed to the Petition. For identification proof of the deceased, copy of Aadhaar Card is annexed to the Petition.

2. Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 06.07.2019. The said Will is in English language.

3. Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Mohemmedan Law applicable to Sunni Muslim. It is submitted that the said Deceased had married once during his life time. The parents and grand parents of the deceased predeceased the Deceased, The wife of the Deceased Mrs. Dilshad Muhamad Quasim

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Hussain expired on 21-2-2018. Exhibit - D is the copy of her Death Certificate. She predeceased the Deceased. The said Deceased left no other heirs. Save and except as mentioned in para - 9, there are no other legal heirs left by the deceased.

4. Petitioner's Oath is filed. Consent Affidavits of married daughter and son of the deceased as mentioned in para - 8 is on record. Affidavit of Shahnawaz Hanif Dalal, one of the attesting witnesses to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

5. Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

05.02.2025 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master