Razia Noor Mohammed Kapadia v. Noor Mohammed Allarakha Kapadia Alias Noor Mohammed Allahrakha Kapadia

1 57.TP/2630/2025 Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 26th September, 2025 FOR COMPLIANCE:

57. TP/2630/2025 P.

C. :

Shri. Dipti Baniya Ld. Advocate for the Petitioner (AMH2022000144 8C202500012)

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 Noor Mohammed Allarakha Kapadia alias Late Noor Mohammed Allahrakha Kapadia (For short "Said deceased"). The petitioner, namely Razia Noor Mohammed Kapadia, 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 26/10/2021 at Mumbai 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

2 57.TP/2630/2025 treated as uncontested one.

5) One of the minor Legal heir of the deceased has consented by way of Affidavit through her natural gaurdian who is also petitioner 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) 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 Khatija 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 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.

26th September, 2025 Officer on Special Duty, with Testamentary Department