Joheb Hussain Shaikh v. Sarfarazi Ahmedullah Shaikh Alias Sarfarazi Shaikh (Deceased)

Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date :- 02nd December, 2025 FOR HEARING :

82. TP/5241/2024 (AMH20210053261C202 400036) with WILL/2088/2024 P. C. :

Shri. Jayant Wani i/b Seema Hunnurkar Ld. Advocate for the Petitioner 1.

Ld. Advocate for the Petitioner submits that petitioner has filed the additional affidavit regarding the payment made to Meher and Shakila. He submits that amount was transferred in the name of Shakila in the tune of Rs. 4,00,000/-, which includes the share of Meher. However, petitioner is not aware about the residential address of the Meher, in such circumstances, payment made to the Meher is required to be established, as per the law.

2.

Therefore, only payment made to the Shakila cannot amount as a payment made to Meher, particularly in present circumstances, where petitioner is not aware about the whereabouts of the Meher.

3.

The petitioner to take steps to justify the surety to Administration Bond, in respect of the share of non-consenting legatee under the Will of the deceased, namely Meher, vide Rule 422 of the Bombay High Court (OS) Rules, 1980. Furthermore, the petitioner may point out the legacy is paid to the said legatee. Hence, the petition is adjourned for the steps.

4.

S. O. to 19.12.2025 02.12.2025 Officer on Special Duty, with Testamentary Department