Allowed

Ayesha Ashraf Chougle v. Nishat Fatima Yusuf Shaikh (Deceased)

Bombay HC8 Mar 2024TP/25/2024

Case brief

AI extract

What is this about?

Testamentary petition by the deceased's daughter for Letters of Administration to her father's Mumbai properties. Petition uncontested after citation and Collector's notice; administration bond requirement waived per prior court order. Petition allowed and grant directed subject to verification of no caveat or cross-petition.

What did the court decide?

Letters of Administration granted to the petitioner for scheduled properties, subject to verification of no caveat/cross-petition and filing of account; administration bond exemption.

Ayesha Ashraf Chougle vs Nishat Fatima Yusuf… — Succession and Inheritance | Bombay HC (2024)

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TP/25/2024

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Before : Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 08th March, 2024

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FOR COMPLIANCE:

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TP/25/2024 P. C. Shri. Siddharth Desai i/b Sneha Patil Ld. Advocate for the (ECHCBM0216656 : Petitioner 2023)

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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 Nishat Fatima Yusuf Shaikh(For short “Said deceased”). The petitioner, namely Ayesha Ashraf Chougle, 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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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. EDHCBM02074022024 and affidavit of service online having document no. EDHCBM02086322024.

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Said deceased died on 23.08.2023 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.

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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 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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47. TP/25/2024

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Petitioner has filed the administration Bond in prescribed form No. 118 with surety. However, 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 Personal Laws applicabel to sunni Sect, the petitioner, being daughter of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heir of the deceased, 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. Office to verify that an Administration Bond is properly executed and uploaded.

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08th March, 2024 Officer on Special Duty, with Testamentary Department

Ayesha Ashraf Chougle v. Nishat Fatima Yusuf Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

Ayesha Ashraf Chougle v. Nishat Fatima Yusuf Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

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