Allowed

Mohd. Abdul Qayyum Shaikh S/O. Abdul Kader Mohd Vazir Shaikh v. Abdul Kadar Mohd. Vazir Shaikh Alias Abdulkadar Mahamadwajir Shaikh (Deceased)

Bombay HC15 Feb 2024TP/213/2024

Case brief

AI extract

What is this about?

Testamentary petition for Letters of Administration for properties of a deceased Sunni Muslim. Citation was duly published with no objections; the petitioner, as son and sole class-I heir, was exempted from furnishing an administration bond per prior court orders. Petition allowed.

What did the court decide?

Letters of Administration granted to the petitioner for the scheduled properties of the deceased.

Mohd. Abdul Qayyum Shaikh S/O. Abdul Kader Mohd… — Succession and Inheritance | Bombay HC (2024)

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1 47.TP/213/2024

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 12th April, 2024

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FOR COMPLIANCE:

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TP/213/2024 P. Shri. Manoj Mane Ld. Advocate for the Petitioner (ECHCBM022121 C. : 82023)

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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 Abdul Kadar Mohd. Vazir Shaikh alias Abdulkadar Mahamadwajir Shaikh alias Mohd. Abdul Kadar alias Abdul Khadar Mohd. Vazir alias Abdul Qader Mohd. Vazir Shaikh alias M. A. Shaikh (For short “Said deceased”). The petitioner, namely Mohd. Abdul Qayyum Shaikh S/o. Abdul ] Kader Mohd Vazir Shaikh, has filed 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.

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I have heard Ld. Advocate and perused the petition along with the documents. Ld. Advocate for the Petitioner submitted that he has uploaded administration bond online having document no. EDHCBM02168562024 and affidavit of service online having document no. EDHCBM02154922024

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Said deceased died Married on 24-02-2002 at Mumbai leaving behind him legal heir, 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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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

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2 47.TP/213/2024

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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.

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Petitioner has filed the administration Bond in prescribed form No. 118 with surety. In view of order passed by the Hon’ble Court in TP Nos. 2556 & 2559 of 2022 dated 28.02.2023, the petitioner being the sole class-I heir of the deceased is exempted from furnishing the administrative bond.

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Ld. Advocate for the petitioner submitted that in view of provisions of Muslim person Laws applicable to Sunni Muslim, the petitioner, being 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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1. 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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1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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12th April, 2024 Officer on Special Duty, with Testamentary Department

Mohd. Abdul Qayyum Shaikh S/O. Abdul Kader Mohd Vazir Shaikh v. Abdul Kadar Mohd. Vazir Shaikh Alias Abdulkadar Mahamadwajir Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

Mohd. Abdul Qayyum Shaikh S/O. Abdul Kader Mohd Vazir Shaikh v. Abdul Kadar Mohd. Vazir Shaikh Alias Abdulkadar Mahamadwajir Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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