Tabassum Nawab Anmed Merchant vs Mumtaz Ebrahim Plasticwala — Bombay HC (2025) — LawSathi Research

Tabassum Nawab Anmed Merchant vs Mumtaz Ebrahim Plasticwala — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed to be issued to the petitioner, having effect throughout the State of Maharashtra, subject to the Office first verifying that no cross-petition is pending or caveat is filed.

Issue for consideration

Whether the petition for Letters of Administration with Will annexed is tenable where no executor has been appointed under the Will and the petitioner is the sole beneficiary. +2 more

Court's answer

No executor has been appointed under the Will and the petitioner is the sole beneficiary; therefore the petition is tenable.

Ratio / Principle

Execution of the Will stands proved: the attesting witness Naeedm Nawab deposed that the deceased signed the Testament in his presence after going through its contents, and the petitioner has succeeded in proving execution of the Will.

Key takeaways

As the citation period expired with no appearance resisting the claim and no pending litigation brought to notice, the petition is treated as uncontested.ratio¶12

Detailed headnote1 paragraphs

TESTAMENTARY PETITION GRANTED — LETTERS OF ADMINISTRATION WITH WILL ANNEXED. Petitioner Tabassum Nawab Ahmed Merchant, sole beneficiary under the Will executed at Mumbai on 18.05.2022 in English by Testatrix Mumtaz Ebrahim Plasticwala (who died at Mumbai on 15.11.2022), sought Letters of Administration with Will annexed. As no executor was appointed under the Will and the petitioner is the sole beneficiary, the petition was held tenable. Execution of the Will was proved through the affidavit of attesting witness Naeedm Nawab in Form No.102, Bombay High Court (Original Side) Rules, 1980, deposing that the deceased signed the Testament in his presence after going through its contents. Citation was affixed on the conspicuous part of the Hon'ble High Court and the Collector's Office notice board; the 14-day period under Rule 397(1) and (4) BHC Rules expired unopposed, notice was issued to the Collector under Rule 396, and the surviving legal heir consented and waived service of Citation; the petition was accordingly treated as uncontested. The administration bond was executed in the prescribed format. The Court granted the petition and directed the Office to issue Letters of Administration with Will annexed, having effect throughout the State of Maharashtra, upon verification that no cross-petition is pending or caveat is filed.

2 104.TP/1633/2024

Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 21st July, 2025

FOR COMPLIANCE:

TP/1633/2024 P. C. : Shri. Jayant Wani Ld. Advocate for the Petitioner [Original] (ECHCBM020052120 1) This petition is filed by petitioner, being sole 24) beneficiary under the Will executed by Mumtaz with Ebrahim Plasticwala (herein after the same is WILL/613/2024

This petition is filed by petitioner, being sole beneficiary under the Will executed by Mumtaz Ebrahim Plasticwala (herein after the same is referred to as “Testatrix”), for grant of a Letters of Administration with Will annexed. Said Testatrix said to have died at Mumbai on 15.11.2022. Petitioner, namely Tabassum Nawab Ahmed Merchant, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

Perused petition. Heard Ld. Advocate for petitioner. Perused documents.

No executor has been appointed under the Will. The petitioner is the Sole beneficiary under the Will. Hence, petition is tenable.

Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Mumbai on 18.05.2022, in English language. The Will is handed in separately for being filed and kept in a safe place in the Office of the Prothonotary and Senior Master, High Court, Bombay.

Ld. Advocate for petitioner submits that Testatrix is survived by legal heirs, whose details are given in the petition, as per the provisions of Muslim Personal Laws. The petitioner affirmed that there are no other legal heirs of the deceased, except mentioned in the petition. Legal heir of the testatrix has consented to the petition and thereby waived the service of Citation.

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

2 104.TP/1633/2024

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.

The petitioner has filed the affidavit of Naeedm Nawab one of attesting Witnesses to the Will, in form No.102 of Bombay High Court (Original Side) Rules, 1980. He deposed that deceased signed the Testament in his presence, after going through its contents. Hence, enough evidence is on record to accept the execution of the Will and petitioner is succeeded to prove the execution of Will.

Properties mentioned in the schedule-I of the petition are referred in the Will.

Petitioner has executed the administration Bond in the prescribed format. Hence, following order:

ORDER

Petition is granted.

Office to issue Letters of Administration with Will annexed to the petitioner, as per the Rules, having effect throughout the State of Maharashtra.

Before issuance of Letters of Administration with Will, the office to verify that there is no cross Petition is pending or caveat is filed. Office to act accordingly.

Officer on Special Duty,

21st July, 2025 Officer on Special Duty, with Testamentary Department