Allowed¶17

Abdul Khaliq Laheji s/o of Abdul Razzak Laheji v. Muhamad Quasim Ahmed Hussain (Deceased)

Bombay HC5 Feb 2025TP/5185/2024

Case brief

AI extract

What is this about?

Probate granted 05.02.2025 (TP/5185/2024 with WILL/2078/2024) of the Will (registered Mumbai 06.07.2019, in English) of Muhamad Quasim Ahmed Hussain, died Mumbai 16.06.2024; petitioner-executor Abdul Khaliq Laheji; deceased a Sunni Muslim governed by Mohemmedan Law; wife Dilshad Muhamad Quasim Hussain predeceased (21-2-2018); consent affidavits of son and married daughter; attesting-witness affidavit of Shahnawaz Hanif Dalal; general citation served; issuance conditional on no caveat/cross petition.

What did the court decide?

Probate granted; Office to issue probate of the Will as prayed, after verifying that no cross petition or caveat is filed. ¶17

Abdul Khaliq Laheji s/o of Abdul Razzak Laheji vs Muhamad Quasim Ahmed Hussain (Deceased) — Bombay HC (2025) — LawSathi Research

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ary

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Before: Shri S. S. Agate Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master

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Date : 05^th February, 2025.

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CALLED FOR HEARING:

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TP/5185/2024 [Original] (AMH20210045624C20240 0006) with WILL/2078/2024

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) Mr. S. U. Lakdawala, Advocate for the Petitioner. ) )

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) ) )

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)

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) P.C.: 1. Perused Petition which is filed online. ) Heard Ld. Advocate for the Petitioner. This ) Petition is for Probate of Last Will and ) ) Testament of the deceased filed by the ) Petitioner Abdul Khaliq Laheji son of Abdul ) Razzak Laheji being the Sole Executor named ) under the Will of the deceased. Deceased ) ) Muhamad Quasim Ahmed Hussain S/o Ahmed ) Hussain, said to have died at Mumbai on ) 16.06.2024. Copy of death certificate is ) ) annexed to the Petition. For identification proof ) of the deceased, copy of Aadhaar Card is ) annexed to the Petition.

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Mr. Lakdawala, Advocate for the Petitioner submits that deceased left behind him last Will and Testament which was duly executed and registered at Mumbai, on 06.07.2019. The said Will is in English language.

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Mr. Lakdawala, Advocate for the Petitioner submits that deceased was governed under the Mohemmedan Law applicable to Sunni Muslim. It is submitted that the said Deceased had married once during his life time. The parents and grand parents of the deceased predeceased the Deceased, The wife of the Deceased Mrs. Dilshad Muhamad Quasim

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05.02.2025

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) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Hussain expired on 21-2-2018. Exhibit – D is the copy of her Death Certificate. She predeceased the Deceased. The said Deceased left no other heirs. Save and except as mentioned in para – 9, there are no other legal heirs left by the deceased.

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Petitioner’s Oath is filed. Consent Affidavits of married daughter and son of the deceased as mentioned in para – 8 is on record. Affidavit of Shahnawaz Hanif Dalal, one of the attesting witnesses to the Will is filed. Affidavit of service of General Citation is filed. All the Affidavits are also filed online. All other legal formalities are complied with. Hence, Petition is granted.

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Office to issue Probate as prayed after verifying whether any Cross Petition or Caveat is filed.

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Addl. Registrar (O.S.) /

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Addl. Prothonotary and Senior Master

Abdul Khaliq Laheji s/o of Abdul Razzak Laheji v. Muhamad Quasim Ahmed Hussain (Deceased)

Case brief

What is this about?

What did the court decide?

Abdul Khaliq Laheji s/o of Abdul Razzak Laheji v. Muhamad Quasim Ahmed Hussain (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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