Allowed

Shahnaz Toufique Baig v. Abdul Qadir Hussain Malholi

Bombay HC8 Mar 2024TP/686/2024

Case brief

AI extract

What is this about?

Petition for succession certificate over debts and securities of Abdul Qadir Hussain Malholi, who died intestate. With the son's consent, delay condoned and general notice served, the petition was allowed and certificate granted to the petitioner.

What did the court decide?

Succession Certificate granted to petitioner for debts and securities in schedule, subject to office verification and administration bond compliance.

Shahnaz Toufique Baig vs Abdul Qadir Hussain Malholi — Succession and Inheritance | Bombay HC (2024)

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1 TP 686 of 2024

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

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DATE : 5th August’2024

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Sr. No. – 17 - TP/686/2024 (ECHCBM02209752023)

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Ms. Vinali Bhaidkar, Advocate for the petitioner.

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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. Abdul Qadir Hussain Malholi, Muslim, who died at Navi Mumbai on 10/03/2023. 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 a t Tirupati, 1104, Sector 22, Plot No. 21, Kamothe, Panvel, Navi Mumbai - 410209 and had a permanent address at Permanent residence at Flat No. A 1-1, Ground Floor, BEST officer Quarters, Morland Road, BEST Depo, Mumbai Centra, Mumbai – 400008, and left property within Greater Bombay and in the State of Maharashtra and elsewhere in India.

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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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2 TP 686 of 2024

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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 Mohammedan law are mentioned in para no. 4 of the said petition.

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Advocate for the petitioner submits that the wife of the deceased viz. Aazmbi alias Azambi Abdul Qadir Malholi died on 28.07.2005. Copy of the death certificate is annexed as Exhibit “B” to the petition.

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Advocate for petitioner submits that the deceased left behind him son and daughter viz. Shamim Abdul Qadir Malholi (son of the deceased) and Shahnaz Toufique Baig (married daughter 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 Shamim Abdul Qadir Malholi had given his consent for issuance of succession certificate in favour of Shahnaz Toufique Baig

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The consent affidavits is annexed separately to the petition.

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Advocate for Petitioner submits that being the married daughter of deceased claims to be entitled for 1/3rd share in the estate left by the deceased.

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3 TP 686 of 2024

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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 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 06.05.2024 in the aforesaid matter. Advocate for the petitioner submits that Affidavit of Service dated 05.06.2024 for proving General Notice filed through

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4 TP 686 of 2024

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e-filing and Administration Bond dated 25.06.2024 also filed through e-filing.

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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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The petitioner to file an account as undertaken in the Administration Bond within stipulated period. Necessary endorsement be made on the Administration Bond, subject to satisfaction of the Department.

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COMPANY REGISTRAR / TESTAMENTARY REGISTRAR

Shahnaz Toufique Baig v. Abdul Qadir Hussain Malholi

Case brief

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Shahnaz Toufique Baig v. Abdul Qadir Hussain Malholi

Case brief

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What did the court decide?

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