Iqbal Ismail Momin and Anr. vs Asharafbi Ismail… — Succession and Inheritance | Bombay HC (2025)

Iqbal Ismail Momin and Anr. vs Asharafbi Ismail… — Succession and Inheritance | Bombay HC (2025)

What the court decided

AI extract

Outcome

Letters of Administration granted to the petitioners 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; petitioners directed to file an account as undertaken in the Petitioner's Oath within stipulated period; office to verify that no cross-petition is pending or caveat resisting the petition is filed before issuance of the grant.

Issue for consideration

Whether Letters of Administration should be granted to the petitioners for the properties left by the deceased Asharafbi Ismail Momin under the Indian Succession Act, 1925. +1 more

Court's answer

Since no one appeared to resist the claim and nothing was brought to notice regarding pending litigation pertaining to the same properties, the petition is treated as uncontested.

Ratio / Principle

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

Key takeaways

The petition deserves to be allowed as prayed for.ratio¶12

Detailed headnote1 paragraphs

Bombay High Court, Testamentary Department (Shri. P. A. Jagdale, Officer on Special Duty), by order dated 17th February 2025 in Testamentary Petition 34.TP/4538/2024, allowed the petition and granted Letters of Administration under the Indian Succession Act, 1925 to Iqbal Ismail Momin and Nadeem Ismail Momin, sons of the deceased Asharafbi Ismail Momin, who died as a widow on 03/04/2022 at Mumbai. Citation was duly affixed on the Notice Board of the Hon'ble High Court and the Collector's Office, Mumbai, and 14 days expired vide Rule 397(1) and (4) of the Bombay High Court (O.S.) Rules, 1980; notice to the Collector was issued vide Rule 396; no one appeared to resist the claim and the petition was treated as uncontested. The legal heirs consented by affidavits without reserving any right, and an administration bond in prescribed form No. 118 with surety was filed. Counsel for the petitioners submitted that, in view of the Mohammedan Law (Shariat) Act, 1937, the sons of the deceased were entitled to seek Letters of Administration; the court found the sworn facts unchallenged, held the petition deserved to be allowed as prayed for, and directed the petitioners to file an account as undertaken in the Petitioner's Oath, with the office to verify absence of any cross-petition or caveat before issuance of the grant.

1 34.TP/4538/2024

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

FOR COMPLIANCE:

TP/4538/2024 P. Ms. Sunita Sahu Ld. Advocate for the Petitioner [Original] C. : (ECHCBM021629 42023) 1) 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 Asharafbi Ismail Momin (For short “Said deceased”). The petitioners, namely (1) Iqbal Ismail Momin and (2) Nadeem Ismail Momin, have filed documents.

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.

Said deceased died as a Widow on 03/04/2022 at Mumbai leaving behind her legal heirs, shown in the paragraph No. 4 of the petition. Petitioners state 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.

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 treated as uncontested one.

Legal heirs of the deceased have consented by way

2 34.TP/4538/2024

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, inter-se.

Petitioners have filed the administration Bond in prescribed form No. 118 with surety.

Ld. Advocate for the petitioners submitted that in view of provisions of the MOHAMMEDAN LAW(SHARIAT) ACT. 1937, the petitioners, being Sons of the deceased, are 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 be granted to the petitioners 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 petitioners 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,

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