Rukhsana Abbas Shaikh vs Late Abbas Imam Shaikh — Bombay HC (2026) — LawSathi Research

Rukhsana Abbas Shaikh vs Late Abbas Imam Shaikh — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 7769 of 2025 allowed and disposed of: leave granted to amend Testamentary Petition No. 4952 of 2024 (per Schedule at Exhibit 'A' to the Application) to bring on record the legal heirs of the predeceased daughter, Mrs. Azra Kamil Patel, namely Mr. Nawaz Kamil Patel and Mrs. Tanzim Yusuf Khatik; amendment to be carried out in the original Petition within two weeks; re-verification dispensed with; Testamentary Department to proceed with the Petition in accordance with law.

Issue for consideration

Whether leave should be granted to amend the Testamentary Petition to bring on record the legal heirs of the predeceased daughter, Mrs. Azra Kamil Patel (Mr. Nawaz Kamil Patel and Mrs. Tanzim Yusuf Khatik), whose names were omitted from the list of heirs due to inadvertence.

Court's answer

For the reasons mentioned in the Interim Application, there is no impediment in allowing the amendment of the Testamentary Petition to bring on record the legal heirs of the predeceased daughter, Mrs. Azra Kamil Patel.

Ratio / Principle

The Department is to allow the necessary amendment to be carried out in the original Petition within a period of two weeks, and re-verification stands dispensed with.

Key takeaways

After the amendment is carried out, the Testamentary Department is to proceed with the Testamentary Petition in accordance with law.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court, Testamentary and Intestate Jurisdiction (Milind N. Jadhav, J., April 06, 2026) allowed Interim Application No. 7769 of 2025 in Testamentary Petition No. 4952 of 2024. The Petitioner, Rukhsana Abbas Shaikh, had filed the Testamentary Petition for issuance of a Succession Certificate in respect of the properties and credits of the deceased, Abbas Imam Shaikh; the names of the legal heirs of her predeceased daughter, Mrs. Azra Kamil Patel — Mr. Nawaz Kamil Patel and Mrs. Tanzim Yusuf Khatik — had been omitted from the list of heirs due to inadvertence. The Court held that, for the reasons mentioned in the Interim Application, there was no impediment in allowing the amendment bringing those heirs on record, directed the Department to permit the amendment to be carried out in the original Petition within two weeks, dispensed with re-verification, and directed that the Testamentary Department proceed with the Petition in accordance with law.

M10.IA.7769.2025.doc

HARSHADA H. SAWANT (P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION NO. 7769 OF 2025 IN

PETITION NO. 4952 OF 2024

Rukhsana Abbas Shaikh Applicant / Orig. .. Petitioner IN THE MATTER BETWEEN: Abbas Imam Shaikh .. Deceased Rukhsana Abbas Shaikh .. Petitioner

Mr. Fahad Ahmed Shaikh i/b Shaikh Mohammed Mazher, Advocates for Applicant / Petitioner.

CORAM : MILIND N. JADHAV, J. DATE : APRIL 06, 2026.

P.C.:

1. Not on Board. Mentioned by way of filing praecipe dated 06.04.2026. Perused the praecipe.

2. Heard Mr. Shaikh, learned Advocate for Applicant /

Petitioner.

3. Present Testamentary Petition is filed by Petitioner for issuance of Succession Certificate in respect of properties and credits of deceased Late Shri Abbas Imam Shaikh.

4. Mr. Shaikh would submit that due to inadvertence, names of legal heirs of the predeceased daughter i.e. Mrs. Azra Kamil Patel were not mentioned in the list of heirs in the Petition. The predeceased

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M10.IA.7769.2025.doc

daughter, Mrs. Azra Kalim Patel was survived by her legal heirs, Mr. Nawaz Kamil Patel and Mrs. Tanzim Yusuf Khatik, who are required to be brought on record. He would therefore seek leave of this Court to amend the captioned Testamentary Petition as per the Schedule appended at Exhibit “A” to the Application, to bring on record names of the legal heirs of the predeceased daughter, Mrs. Azra Kamil Patel. I have perused the same. For the reasons mentioned in the Interim Application, there can be no impediment in allowing the amendment.

5. Department will allow the necessary amendment to be carried out in the original Petition within a period of two weeks from today. Re-verification stands dispensed with.

6. After the amendment is carried out, Testamentary Department to proceed with the Testamentary Petition in accordance with law.

7. With the above directions, Interim Application is allowed and

disposed of.

H. H. SAWANT

[ MILIND N. JADHAV, J. ]

Digitally signed AJAYTRAMBAKUGALMUGALE by AJAYTRAMBAKUGALMUGALEDate: 2026.04.08 16:12:47 +0530

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