Sohail Nathani Son of Zain Mohomed v. Zain Mohomed Muss (Deceased)

Bombay HC14 Nov 2024TP/5023/2024

Case brief

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What is this about?

Succession Certificate petition for securities of a deceased Khoja Shia Muslim who died intestate at Mumbai, leaving a sole Class-I legal heir. Administration Bond dispensed with per earlier High Court direction; office directed to issue general notice and matter listed for compliance.

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Sohail Nathani Son of Zain Mohomed vs Zain Mohomed… — Succession and Inheritance | Bombay HC (2024)

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BEFORE : MRS. R. V. RANE COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

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DATE : 14^th November’2024. Sr. No. - 12-TP/5023/2024 (AMH20240129954C202400020)

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Ms. Jyoti Badgujar i/b. LAKDAWALA AND COMPANY, Advocate for the petitioner.

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Called for direction :

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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 securities belonging to the deceased viz. Zain Mohomed Muss alias Zain Mohomed alias Zain Mohamed alias Zain Mohemad Muss, Khoja Shia Muslim, who died at Mumbai on 08.03.2021. Copy of death certificate is annexed at Exhibit -‘A’ to the petition. Copy of the identification proof of the deceased is annexed at Exhibit “B” to the petition.

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Advocate for petitioner submits that the said deceased ordinarily resided at Flat No. 10, Franconia Building, 4th floor, Dubash Estate, 3rd Pasta Lane, Colaba, Mumbai - 400005 1 and/ or left property a within Greater Bombay.

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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 next-of-kin according to Khoja Shia Muslim are mentioned in para no. 4 of the said petition.

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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 deceased or for

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Letters of Administration will or without Will annexed to his property and credits or any petition for Succession Certificate.

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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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In the aforesaid circumstances, I pass the following

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order:

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ORDER

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a. Office to Issue General Notice within two weeks from the date of uploading of this order.

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b. Advocate for the petitioner to file Affidavit of Service of General Notice and also effect service upon nonconsenting legal heirs, if any as per Rules 399 and 400 of the Bombay High Court Original Side Rules.

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c. Office to verify if any cross petition is filed, if cross petition is filed, then take steps to place before the Hon’ble Court under Rule 407 of High Court Original Side Rules.

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d. List the matter on 06.01.2025 for compliance.

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COMPANY REGISTRAR/ TESTAMENTARY REGISTRAR

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ksa/rvr

Sohail Nathani Son of Zain Mohomed v. Zain Mohomed Muss (Deceased)

Case brief

What is this about?

A compact analysis

Sohail Nathani Son of Zain Mohomed v. Zain Mohomed Muss (Deceased)

Case brief

What is this about?

A compact analysis

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