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Bombay High CourtTP/5595/2024grant issued

Abdul Razak Attrwala S/O Abdul Karim Attarwala v. Razia Wife Of Mohamed Ebrahim Attarwala Alias Razia E Attarwala (Deceased)

2025-03-17Shri. A. H. Laddhad(Prothonotary Senior Master)2 pages

SLG BEFORE : MRS. K. Y. AMBEKAR , COMPANY REGISTRAR / TESTAMENTARY REGISTRAR Date: 17th March, 2025 CALLED FOR HEARING :

TP/5595/2024 (E-filing) Ms. Seema S. Hunnurkar, Advocate for petitioner PC : 1. Perused Petition. Heard Ld. Advocate for petitioner. This petition is for Succession Certificate in respect of certain securities belonging to deceased filed by petitioners namely Abdul Razak Attarwala s/o. Abdul Karim Attarwala being nephew of deceased. Deceased namely Razia w/o. Mohamed Ebrahim Attarwala alias Razia E. Attarwala alias Razia Ebrahim Attarwala said to be died intestate at Mumbai on 10.08.1981. Copy of death certificate is annexed to the petition as Exhibit - "A". Ld. Advocate for petitioner submits that petitioner has filed Affidavit for dispensation of identification proof of deceased which is already annexed to the petition as Exhibit - "A-1".

2. Ld. Advocate for petitioner submits that parents and grandparents of husband of deceased predeceased the deceased. Deceased had no sister-inlaw, one brother-in-law namely Abdul Karim Usman Attarwala died on 09.06.1994 and his wife namely Fatima Abudul Karim died on 07.11.1995. They died leaving behind three sons and one daughter. Deceased was survived by three nephews and one married niece. Out of them one nephew is petitioner herein and all other legal heirs have given their consents. Joint Consent Affidavit is on record. There are no other legal heirs.

3. Petitioner's oath is filed. Affidavit of Service of affixation of General Notice dated 03.01.2025 and Administration Bond dated 26.12.2024 are filed. Delay is explained. All other legal formalities are complied with. Hence, petition is granted.

4. Office to issue Succession Certificate as prayed after verifying whether any cross petition is filed or whether any Affidavit opposing grant is filed. 17.03.2025 COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

SLG