Allowed¶15

Suraiya Moiz Ghazi Sheikh v. Moiz Ghazi Mehboob Sheikh alias Moiz Ghazi Sheikh alias Moiz Mehboob Sheikh

Bombay HC18 Jul 2025TP/3269/2025

Case brief

AI extract

What is this about?

Letters of Administration; Testamentary Petition; Indian Succession Act, 1925; Muslim personal law; widow petitioner; deceased died 07/11/2023 at Mira-Bhaindar, Thane; citation Rule 397(1) and (4); notice to Collector Rule 396; Bombay High Court (O.S.) Rules, 1980; uncontested petition; heirs' consent affidavits; administration bond Form No. 118 with surety; OSD Shri P. A. Jagdale; decision dated 17th September, 2025.

What did the court decide?

Grant of Letters of Administration to the petitioner (widow of the deceased) for the properties left by the deceased and shown in Schedule-I, subject to filing of account and office verification that no cross-petition or caveat is pending. ¶15

Suraiya Moiz Ghazi Sheikh vs Moiz Ghazi Mehboob… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶15

Issue for consideration

Whether the petitioner, widow of the deceased Moiz Ghazi Mehboob Sheikh, is entitled to Letters of Administration under the Indian Succession Act, 1925 in respect of the properties left by the deceased.

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Court's answer

Since no one appeared to resist the petitioner's claim during the citation period and no pending litigation concerning the same properties was brought to notice, the petition was treated as uncontested.

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Ratio / Principle

The facts stated by the petitioner and the heirs of the deceased on oath having remained unchallenged, they were required to be accepted and the petition deserved to be allowed as prayed for.

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Key takeaways

Letters of Administration were ordered to be granted to the petitioner for the properties left by the deceased and shown in the schedule, in the prescribed format under the Indian Succession Act, 1925.ratio¶15
The petitioner was directed to file an account as undertaken in the Petitioner's Oath within the stipulated period.ratio¶16
Before issuance of the grant, the office was directed to verify that no cross-petition is pending and no caveat resisting the petition has been filed.

Detailed headnote1 paragraphs

Testamentary Petition No. TP/3269/2025, Bombay High Court (Testamentary Department), decided 17th September, 2025 by Shri P. A. Jagdale, Officer on Special Duty. Suraiya Moiz Ghazi Sheikh, widow of Moiz Ghazi Mehboob Sheikh (alias Moiz Ghazi Sheikh / Moiz Mehboob Sheikh), who died on 07/11/2023 at Mira-Bhaindar, Thane, sought Letters of Administration under the Indian Succession Act, 1925 over the Schedule-I properties. Citation was published (Rules 397(1) and (4)) and notice issued to the Collector (Rule 396) under the Bombay High Court (O.S.) Rules, 1980; no objection or pending litigation surfaced; the legal heirs consented by affidavit and an administration bond in Form No. 118 with surety was filed. The petition was treated as uncontested and allowed; Letters of Administration were granted, with the petitioner to file an account as undertaken in her Oath and the office directed to verify absence of any cross-petition or caveat before issuance of the grant.

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1 52.TP/3269/2025

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Before :Shri. P. A. Jagdale, Officer on Special Duty, With Testamentary Department Date 17th September, 2025

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FOR COMPLIANCE:

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TP/3269/2025 P. Shri. Mohd. Adil Khan Ld. Advocate for the Petitioner C. : (AMH20240135754 C202400003)

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This is a petition for grant of Letters of Administration, under the Provisions of Indian Succession Act, 1925 (for short “IS Act”) for the properties left by the deceased, namely Moiz Ghazi Mehboob Sheikh alias Moiz Ghazi Sheikh alias Moiz Mehboob Sheikh (For short “Said deceased”). The petitioner, namely Suraiya Moiz Ghazi Sheikh, has filed documents.

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

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Said deceased died as a married on 07/11/2023 at Mira-Bhaindar, Thane leaving behind him 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.

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Citation was issued, which has been duly affixed on the Notice Board 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

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2 52.TP/3269/2025

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treated as uncontested one.

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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.

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

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Ld. Advocate for the petitioner submitted that in view of provisions of the Muslim personal Law, the petitioner, being Widow 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:

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ORDER

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1. Petition is allowed and the Letters of Administration 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.

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

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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.

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Officer on Special Duty,

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17th September, 2025 Officer on Special Duty, with Testamentary Department

Suraiya Moiz Ghazi Sheikh v. Moiz Ghazi Mehboob Sheikh alias Moiz Ghazi Sheikh alias Moiz Mehboob Sheikh

Case brief

What is this about?

What did the court decide?

Suraiya Moiz Ghazi Sheikh v. Moiz Ghazi Mehboob Sheikh alias Moiz Ghazi Sheikh alias Moiz Mehboob Sheikh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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