Allowed

Mumtaz Banu Mohammed Yusuf Shaikh v. Mohammad Yusuf Ahmed Shaikh (Deceased)

Bombay HC10 Apr 2024TP/126/2024

Case brief

AI extract

What is this about?

Widow sought succession certificate for debts and securities of her deceased husband, who died intestate at Mumbai. After general notice, condonation of delay, and dispensing with administration bond as sole Class-I heir, the petition was allowed.

What did the court decide?

Succession Certificate granted to petitioner for debts and securities listed in Schedule-1.

Mumtaz Banu Mohammed Yusuf Shaikh vs Mohammad… — Succession and Inheritance | Bombay HC (2024)

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TP 126 of 2024

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR^th May’2024.

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Sr. No. 28- TP 126 of 2024 (ECHCBM02155632023)

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Mr. Ankur Jain, Advocate i/b. Ram Ugrah Sigh for petitioner

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Called for Compliance :

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Perused the Petition. Heard Advocate for petitioner. Advocate for petitioner submits that the present petition is for Succession Certificate in respect of certain debts and securities belonging to the deceased viz. Mohammed Yusuf Ahmed Shaikh, muslim who died at Mumbai on 23.03.2021. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of the identification proof of the deceased is annexed at Exhibit “A1” to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at Krishn Chander Marg, R.No. 188 Transit Camp, Chawl No.24, Bandra (W), Greater Mumbai, Gr. Mumbai, Mumbai Suburban, Maharashtra, 400050 and he has left properties within Greater Mumbai in State of Maharashtra and within the Jurisdiction of this Hon'ble Court.

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2 TP 126 of 2024

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Advocate for petitioner submits that, the said deceased died intestate and that due and diligent search has been made for the Will but none has been found.

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Advocate for petitioner submits that the legal heirs left behind by the deceased surviving as his only heirs nextof-kin according to Sunni Branch of Mohammedan Law are mentioned in para no. 4 of the said petition.

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Advocate for petitioner submits that the deceased left behind wife viz. Mumtaz Banu Mohammed yusuf Shaikh (wife of the deceased/petitioner herein). Save and except there are no other legal heirs and next of kind left by the deceased, which is mentioned at para no. 4 of the petition.

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Advocate for Petitioner submits that being the mother of deceased claims to be entitled for 1/4th share in the estate left by the deceased.

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Advocate for petitioner submits that, there is no impediment under Section 370 of the Indian Succession Act, 1925 or under any other provision of this Act or any other enactment to the grant of the certificate of the validity thereof if it was granted.

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Advocate for petitioner submits that no application has been made to any District Court or District Delegate or to any High Court for probate of any Will of the said

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3 TP 126 of 2024

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deceased or for letters of administration with or without the Will for annexed to their property and credits.

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Advocate for petitioner submits that no application has been made to any District Court for Succession Certificate in respect of any debt or security belonging to the estate of the deceased.

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Advocate for the petitioner submits that there is delay of filing this petition be condoned as the concerned authorities asked for legal representation to transfer the property in favour of the Legal heirs. In view thereof, delay is condoned.

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Advocate for the petitioner submits that the General Notice was issued on 11.01.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 22.02.2024 for proving General Notice filed through e-filing.

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Pursuant to order dated 28.02.2023 passed by Hon’ble Shri Justice Arif S. Doctor, in Testamentary Petition No. 2556 of 2022 and Testamentary petition No. 2559 of 2022 directions were given to the Registry, in all matters for Letters of Administration and Succession Certificate, whenever there is sole legal heir, who is Class -I legal heir, Registry is directed to not to insist for filing/furnishing of Administration Bond. Hence, as per direction of the Hon’ble Court filing of Administration Bond is dispensed with for the sole class I legal heir.

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4 TP 126 of 2024

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This petition is filed for grant of Succession Certificate in respect to the debts and securities which was mentioned in Schedule-1 which is annexed to the petition. The petitioner has complied all the necessary compliance for grant of the Succession Certificate in favor of the petitioner. 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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Petition is allowed and the Succession Certificate be granted to the petitioner for certain debts and securities left by the deceased and shown in the schedule, in prescribed format.

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Before issuance of the grant, the office to verify whether any cross Petition is pending or Affidavit resisting the petition is filed.

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COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

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ksa/rvr

Mumtaz Banu Mohammed Yusuf Shaikh v. Mohammad Yusuf Ahmed Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

Mumtaz Banu Mohammed Yusuf Shaikh v. Mohammad Yusuf Ahmed Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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