Rabab Behjat Hussain vs Allahrakhibai Sharafally… — Succession and Inheritance | Bombay HC (2025)

Rabab Behjat Hussain vs Allahrakhibai Sharafally… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration (De-bonis non) granted to the petitioner Rabab Behjat Hussain for the properties left by the deceased and shown in the schedule, in prescribed format, as per the provisions of the Indian Succession Act, 1925; the petitioner is to file an account as undertaken in the Petitioner's Oath within the stipulated period; before issuance of the grant, the office is to verify that no cross-petition is pending and no caveat resisting the petition is filed.

Issue for consideration

Whether the petitioner, Rabab Behjat Hussain, is entitled to grant of Letters of Administration (de-bonis non) for the properties left by the deceased under the Indian Succession Act, 1925. +2 more

Court's answer

The petition was allowed and Letters of Administration (de-bonis non) were granted to the petitioner for the properties left by the deceased and shown in the schedule, as per the provisions of the Indian Succession Act, 1925, subject to the petitioner filing an account as undertaken in the Petitioner's Oath and to office verification before issuance of the grant that no cross-petition is pending and no caveat resisting the petition is filed.

Ratio / Principle

The facts stated by the petitioner and the heirs of the deceased, on oath, having remained unchallenged, were required to be accepted.

Key takeaways

The petition deserved to be allowed, as prayed for.ratio¶7

Detailed headnote1 paragraphs

Testamentary Petition 44.TP/1030/2024 (Officer on Special Duty, with Testamentary Department; order dated 06th January 2025 by Shri. P. A. Jagdale): Petition by Rabab Behjat Hussain, grand daughter-in-law of the deceased Allahrakhibai Sharafally Lakdawala alias Allarakhibai (a widow who died on 30-11-1984 at Mumbai), for Letters of Administration (de-bonis non) under the Indian Succession Act, 1925. Entitlement was urged under the Mohammedan Law (Shariat) Act, 1937. The legal heirs consented by affidavits without reserving any right; an administration bond in prescribed Form No. 118 was filed with surety; citation was affixed on the High Court and the Collector's Office notice board with 14 days expiring under Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980, notice was issued to the Collector under Rule 396, and delay was explained under Rule 382. No one contested and no pending litigation was disclosed, so the petition was treated as uncontested. Held: the sworn facts of the petitioner and heirs, remaining unchallenged, were to be accepted; the petition was allowed as prayed for and Letters of Administration (de-bonis non) were granted for the scheduled properties, with the petitioner to file an account as undertaken in the Petitioner's Oath and the office to verify before issuance that no cross-petition or caveat is pending.

1 44.TP/1030/2024

Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 06th January 2025

FOR COMPLIANCE:

TP/1030/2024 P. Shri. Nitin Gandhi Ld. Advocate for the Petitioner C. :

[Original]

(ECHCBM0201521 2024)

This is a petition for grant of Letters of Administration (De-bonis non), under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Allahrakhibai Sharafally Lakdawala alias Allarakhibai daughter of Sarafally Mohomedally Tawawalla (For short “Said deceased”). The petitioner, namely Rabab Behjat Hussain, has filed documents.

I have heard Ld. Advocate. I perused the documents, such as true copy of the death certificate of the deceased, affidavit with document to dispense with requisition of identity proof of the deceased, oath in the prescribed format, affidavit of service citation.

Said deceased died as a Widow on 30-11-1984 at Mumbai leaving behind her 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-I of the petition. The delay has been explained vide Rule 382 of the Rules.

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

2 44.TP/1030/2024

pertaining to the same properties. Hence, the petition is treated as uncontested one.

Legal heirs of the deceased have consented by way of Affidavits to grant prayer of petitioner to grant a Letters of Administration, without reserving any right. Legal heirs have accepted the facts, regarding their relationship, interse.

Petitioner has filed the administration Bond in prescribed form No. 118 with surety.

Ld. Advocate for the petitioner submitted that in view of provisions of the MOHAMMEDAN LAW-(SHARIAT) ACT. 1937, the petitioner, being Grand daughter-in-law of the deceased, is entitled to seek a Letters of Administration. Hence, facts stated by petitioner and heirs of the deceased, on oath, remained unchallenged and required to be accepted. Accordingly, petition deserves to be allowed, as prayed for. Hence, following order:

ORDER

1. Petition is allowed and the Letters of Administration (De-bonis non) 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.

1. The petitioner to file an account as under taken in a Petitioner’s Oath within stipulated period.

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.

Officer on Special Duty,

06th January 2025 Officer on Special Duty, with Testamentary Department