Shehnaz Nisar Wagle v. Nisar Ahmed Husain Wagle (Deceased)

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 30th September, 2025 FOR COMPLIANCE:

30. TP/5353/2024 P.

C. :

Shri. Zhoaib Sayyed Ld. Advocate for the Petitioner (AMH2023002736 6C202400023)

1) This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short "IS Act") for the properties left by the deceased, namely Nisar Ahmed Husain Wagle (For short "Said deceased"). The petitioners, namely SHEHNAZ NISAR WAGLE, has filed documents.

2) Earlier, this petition was field by the widow and daughter of the deceased. This petition was allowed vide an order dated 23.01.2025. However, the petitioners showed inability to pay the deficit Court fee in the tune of Rs. 65,000/-. Hence, petitioner taken out Chamber order, having no. 258/2025 and deleted the petitioner no. 2. Hence, petition is again taken for order in continuation of the earlier order dated 23.01.2025. I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

3) Said deceased died as a married on 02/09/2023 at Mumbra, Thane leaving behind hism legal heirs, shown in the paragraph No. 4 of the petition. Petitioner states that there are no other legal heirs to the deceased, except heirs shown in the petition. Deceased left properties shown in the schedule-I of the petition.

4) Fresh Citation was issued, which has been duly affixed on the Notice Board of the Hon'ble High Court and notice board of the Collector's Office at Mumbai and 14 days have been expired vide Rule 397(1) and (4) of the Bombay High

Court(O.S.) Rules, 1980(for short "BHC Rules") and an affidavit to that effect has been filed. Notice to collector has been issued vide Rule 396 of BHC Rules. Till today, no one appeared to resist the claim of the petitioner or nothing is brought to the notice regarding pending litigation pertaining to the same properties. Hence, the petition is treated as uncontested one.

5) Legal heir of the deceased has consented by way of Affidavit to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heir has accepted the facts, regarding their relationship, inter-se.

6) Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

7) Ld. Advocate for the petitioner submitted that in view of provisions of the MOHAMMEDAN LAW-(SHARIAT) ACT. 1937,, the petitioner, being Widow of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir of the deceased, 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 Letters of Administration be granted to the petitioner for properties, left by the deceased and shown in the schedule, in prescribed format as per the provisions of the Indian Succession Act, 1925.

2) The petitioner to file an account as under taken in a Petitioner's Oath within stipulated period.

3) Before issuance of the grant, the office to verify that there is no cross Petition is pending or caveat resisting the petition is filed.

30th September, 2025 Officer on Special Duty, with Testamentary Department