Allowed

Jalil Ahmed Tej Muhammed Qureshi v. Hamidabee Abdul Shaikh Alias Hamidabee Abdul Rehman Alias Hameeda Abdul Shaikh (Deceased)

Bombay HC14 Mar 2024TP/102/2024

Case brief

AI extract

What is this about?

Petitioner sought Letters of Administration for deceased's properties under the Indian Succession Act. Court admitted the uncontested petition and granted the letters subject to verification of no pending caveats and filing of administration account.

What did the court decide?

Letters of Administration granted to the petitioner for the properties left by the deceased.

Jalil Ahmed Tej Muhammed Qureshi vs Hamidabee… — Succession and Inheritance | Bombay HC (2024)

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1 38.TP/102/2024

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 14th March, 2024

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FOR COMPLIANCE:

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TP/102/2024 P. C. Ms. Seema Hunnurkar Ld. Advocate for the Petitioner : (ECHCBM0221671 2023)

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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 HAMIDABEE ABDUL SHAIKH alias HAMIDABEE ABDUL REHMAN alias HAMEEDA ABDUL SHAIKH(For short “Said deceased”). The petitioner, namely Jalil Ahmed Tej Muhammed Qureshi, has filed documents such as true copy of the death certificate of the deceased, identity proof of the deceased, oath in the prescribed format.

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2) I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that she has uploaded administration bond online having document no. EDHCBM02083402024 and affidavit of service having document no. EDHCBM02119192024.

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3) Said deceased died on 03/03/1999 at Mumbai leaving behind her 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. The delay has been explained vide Rule 382 of the Rules.

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4) Citation was issued, which has been duly affixed on the conspicuous part 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

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2 38.TP/102/2024

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pertaining to the same properties. Hence, the petition is treated as uncontested one.

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

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6) Ld. Advocate for the petitioner submitted that in view of provisions of Muslim Personal laws applicable to Sunni Sect, the petitioner, being Grand-Son of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

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ORDER

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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

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

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3) The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period. Office to verify that an Administration Bond is properly executed and uploaded.

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14th March, 2024 Officer on Special Duty, with Testamentary Department

Jalil Ahmed Tej Muhammed Qureshi v. Hamidabee Abdul Shaikh Alias Hamidabee Abdul Rehman Alias Hameeda Abdul Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

Jalil Ahmed Tej Muhammed Qureshi v. Hamidabee Abdul Shaikh Alias Hamidabee Abdul Rehman Alias Hameeda Abdul Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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