Salma Mohammed Farooque Khan v. Late Mohammed Farooque Mohammed Issa Khan

1 57.TP/2003/2025 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 21st July 2025 FOR COMPLIANCE:

57. TP/2003/2025 (AMH20240131157 C202400006) P. C.

:

Shri. Niraj Bhatiya i/b Enlight Juris 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 MOHAMMED FAROOQUE MOHAMMED ISSA KHAN, alias MOHAMMED FAROOQUE KHAN, (For short "Said deceased"). The petitioner, namely SALMA MOHAMMED FAROOQUE KHAN, 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.

3) Said deceased died as a married on 07-12-2015 at Mira Road, Dist. Thane 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. The delay has been explained vide Rule 382 of the Rules.

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) Legal heirs of the deceased have consented 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-

2 57.TP/2003/2025 se.

6) One of the minor legal heir of the deceased has consented through his natural guardian who is also petitioner, 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.

7) The petitioner being birth patent of the minor 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 Ismail, as the petitioner is the birth parent of said minor.

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

9) Ld. Advocate for the petitioner submitted that in view of provisions of the Muslim Personal Law (Shariat) Application Act, 1937 (Act 26 of 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.

21st July 2025 Officer on Special Duty, with Testamentary Department