Tamanna Nasir Shah v. Nasir Azimullah Shah (Deceased)

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 01st April 2025 FOR COMPLIANCE:

19. TP/5879/2024 (AMH2021005201 2C202400015)] P.

C. :

Shri. Rajan Pillai Ld. Advocate for the Petitioner

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 Nasir Azimullah Shah, (For short "Said deceased"). The petitioner, namely Tamanna Nasir Shah, has filed documents.

2) 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. Ld. Advocate for the Petitioner submitted that he has uploaded the amended petition. However, same is not yet approved. Hence, original petition is perused, amendment is proper and matter is taken for final order with subject to the approval of the petition.

3) Said deceased died as a married on 27/01/2024 at Matheran, Karjat, District- Raigad leaving behind him 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) 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) Minor Legal heirs of the deceased have consented through their natural guardian who is also a petitioner and by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, inter-se.

6) The petitioner being birth patent of the minors has filed affidavit. In view of the order passed in the Testamentary Petition No. 1701 of 2017, there is no requisition to justify the share of minor legal heir, namely Samiya Shah and Alisha Shah as the petitioner is the birth parent of said minor.

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

8) 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 heirs 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.

4) Ld. Advocate for the Petitioner submitted that he has uploaded the amended petition. However, same is not yet approved. Hence, original petition is perused, amendment is proper and matter is taken for final order with subject to the approval of the petition. 01st April 2025 Officer on Special Duty, with Testamentary Department