Mehlam Asghar Zainuddin v. Sarah Asghar Zainuddin (Deceased)
1 TP 5235 of 2024 BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR DATE : 6th January'2025 Sr No. - 49-TP/5235/2024 (AMH20230035257C202400013) Ms. Shubhangi Bhimrao Chorge i/b. Raviraj Gamare, Advocate for the petitioner.
Called 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 debts belonging to the deceased viz. SARAH ASGHAR ZAINUDDIN, ALIAS SARA ASGHAR ZAINUDDIN who died at Mumbai on 11.08.2018. Copy of death certificate is annexed at Exhibit -'A' to the petition. Copy of the identification proof of the deceased is annexed at Exhibit "A1" to the petition.
2.
Advocate for petitioner submits that the said deceased ordinarily resided at 116 - Saifee Mahal, A. f. bell Road, Malabar Hill, Gr. Mumbai, Mumbai - 400 006 with Greater Bombay and 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.
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Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as her only heirs next-of-kin according to Muslim Personal Law (Shariat) Act 1937 are mentioned in para no. 4 of the said petition. 5.
Advocate for the petitioner submits that the parents of the deceased predeceased the deceased. The husband of the deceased viz. Asghar Abdul Kader Zainuddin died on 16.08.2018. Copy of the death certificate is annexed as Exhibit "B".
Advocate for petitioner submits that the deceased left behind her married daughters and son viz. (1) Tasneem Ubai Nooruddin (married daughter of the deceased), (2) Miqdad Asghar Zainuddin (son of the deceased), (3) Aarefah Mohyuddin (married daughter of the deceased),
(4) Mehlam Asghar Zainuddin (son of the deceased/petitioner herein). 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 Tasneem Ubai Nooruddin,Miqdad Asghar Zainuddin, | Aarefah Mohyuddin had given their consent for issuance of succession certificate in favour of Mehlam Asghar Zainuddin, petitioner.
The consent affidavits are annexed as page no. 18 to 26.
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6. Advocate for Petitioner submits that being the two sons of deceased claims to be entitled for 1/3rd each and two daughters of deceased claims to be entitled for 1/6th each 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 14.11.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 05.12.2024 for proving General Notice filed through e-filing and Administration Bond dated 13.12.2024 also filed through e-filing.
12. This petition is filed for grant of Succession Certificate in respect to the debts 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 debts 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/ ksa/rvr TESTAMENTARY REGISTRAR