Asif Mohammad Shah Chansab @ Asif Mohammad Shah vs Umme Salma Ismile @ Ummesalma Ismail Shah Rajguru (Deceased) — Bombay HC (2025) — LawSathi Research

Asif Mohammad Shah Chansab @ Asif Mohammad Shah vs Umme Salma Ismile @ Ummesalma Ismail Shah Rajguru (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Letters of Administration with Will annexed directed to be issued to the petitioner as per the Rules, having effect throughout the State of Maharashtra; before issuance, the office to verify 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 a beneficiary under the Will. +3 more

Court's answer

As no executor has been appointed under the Will and the petitioner is one of the beneficiaries under the Will, the petition is tenable.

Ratio / Principle

Execution of the Will stands proved: the affidavit of attesting witness Rafiuddin Rajguru deposes that the deceased signed the Testament in his presence and in the presence of another witness after going through its contents, and there is enough evidence on record to accept the execution of the Will.

Key takeaways

There is sufficient compliance of Rule 383 of the Bombay High Court (Original Side) Rules, 1980, the attesting witness stating that all additions and alterations in the Will existed at the time of execution before signing.ratio¶¶15
The delay in filing the petition stands explained vide Rule 382 of the Bombay High Court (Original Side) Rules, 1980.ratio¶¶8
Citation was duly affixed and notice issued to the Collector; till the date of order no one appeared to resist the petitioner's claim and nothing was brought to notice regarding pending litigation over the same properties; the petition is treated as uncontested.ratio

Detailed headnote1 paragraphs

Testamentary petition — Letters of Administration with Will annexed — petition by a beneficiary under the Will where no executor was appointed — held tenable. Testatrix died on 16.07.2019; Will executed on 17.03.2015 at Swantwadi, Sindhudurga in English. Execution of the Will proved through the affidavit of attesting witness Rafiuddin Rajguru in Form No.102 of the Bombay High Court (Original Side) Rules, 1980; additions and alterations existed at the time of execution; sufficient compliance of Rule 383 found. Delay in filing explained under Rule 382. Citation duly affixed, notice to Collector issued under Rule 396, 14 days expired under Rule 397(1) and (4); no one resisted the claim; petition uncontested. Administration bond executed. Petition granted; Letters of Administration with Will annexed to issue with effect throughout the State of Maharashtra, subject to office verification that no cross petition or caveat is pending.

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Before: Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date: 18th June, 2025

FOR COMPLIANCE:

79.TP/2806/2024 P.C. with WILL/1152/2024

Ms. Jinklle Vira i/b. Dassan Harmeet Singh SS, Ld. Advocate for the Petitioner.

1) This petition is filed by petitioner, being sole beneficiary under the Will executed by Umme Salma Ismile Rajguru alias Umme Salma Ismailshah Rajguru alias Ummesalma Ismail Shah Rajguru (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 Sawamtwadi, on 16.07.2019. Petitioner, namely Asif Mohammad Shah Chansab alias Asif Mohammad Shah, filed the copy of death certificate, identity proof of the testator, Will, petitioner's oath.

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

3) The petitioner has explained the delay vide Rule 382 of the Bombay High Court (Original Side) Rule, 1980(for short “Rules”).

4) No executor has been appointed under the Will. The petitioner is the one of the beneficiary under the Will. Hence, petition is tenable.

5) Petitioner stated that the deceased left behind her last Will and Testament which was duly executed at Swantwadi, Sindhudurga on 17.03.2015, 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.

6) 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

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deceased, except mentioned in the petition. Legal heir of the testatrix has consented to the petition and thereby waived the service of Citation.

7) 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.

8) The petitioner has filed the affidavit of Rafiuddin Rajguru 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 as well as presence of another witness, 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. According to him all additions and alteration in a Will were existed at the time of execution before signing the Will. Hence, there is sufficient compliance of the Rule 383 of the Rules.

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

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

ORDER

1) Petition is granted.

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

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3) 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.

18th June, 2025 Officer on Special Duty, with Testamentary Department