Allowed¶19

Mohammed Ahamad Husain S/O Ahmed Husain Rehmatullah v. Ahmed Husain Rehmatullah (Deceased)

Bombay HC2 Feb 2026TP/1735/2025

Case brief

AI extract

What is this about?

Bombay High Court; Testamentary Petition No. 1735 of 2025; M26.TP.1735.2025; Milind N. Jadhav; Succession Certificate; Section 372; Indian Succession Act 1925; Ahmed Husain Rehmatullah (deceased); Mohammed Ahamad Husain; consent affidavits of legal heirs; proclamation dispensed; Schedule I debts; 05.05.2026.

What did the court decide?

Succession Certificate granted to the petitioner in respect of the debts set forth in Schedule I, with power to collect the said debts with interest thereon; issuance of proclamation dispensed with; Department directed to issue the Succession Certificate within 3 weeks, subject to compliance of office objections, if any. ¶19

Mohammed Ahamad Husain S/O Ahmed Husain… — Succession and Inheritance | Bombay HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Succession Certificate should be granted to the petitioner in respect of the debts set forth in Schedule I of the Petition, with power to collect the said debts with interest thereon.

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Court's answer

There being no impediment, the Petition is allowed and disposed of in terms of the un-numbered prayer clause, granting the petitioner a Succession Certificate in respect of the debts set forth in Schedule I with power to collect the said debts with interest thereon.

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Ratio / Principle

Issuance of proclamation stands dispensed with.

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Key takeaways

The Department is directed to issue the Succession Certificate as directed above within a period of 3 weeks from the date of the order, positively.ratio¶22
The Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith, which shall be allowed by the Department.ratio¶23

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Testamentary & Intestate Jurisdiction), Testamentary Petition No. 1735 of 2025 — Milind N. Jadhav, J. (05.05.2026): Allowed and disposed of the petition of Mohammed Ahamad Husain for a Succession Certificate under Section 372 of the Indian Succession Act, 1925 in respect of the properties, credits and debts of the deceased Ahmed Husain Rehmatullah. Grant made in terms of the un-numbered prayer clause — certificate for the debts set forth in Schedule I with power to collect them with interest — upon consent affidavits dated 18.05.2023 of the legal heirs (Akhtar Husain, Amina Khatoon, Momina Khatoon, Ashama Khatun, Zubaida Khatoon); issuance of proclamation dispensed with; Department directed to issue the certificate within 3 weeks, subject to compliance of office objections, if any.

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M26.TP.1735.2025.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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TESTAMENTARY & INTESTATE JURISDICTION

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TESTAMENTARY PETITION NO. 1735 OF 2025

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Ahmed Husain Rehmatullah

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.. Deceased

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Mohammed Ahamad Husain S/O. Ahmed Husain Rehmatullah .. Petitioner

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Mr. Dinesh Wani a/w Mr. Jayant Wani i/b Mr. Anupam Dubey, Advocates for Petitioner.

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CORAM : MILIND N. JADHAV, J. DATE : MAY 05, 2026

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P.C.:

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1. Not on Board. Mentioned by way of filing praecipe dated 05.05.2026. Perused the praecipe.

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2. Heard Mr. Wani, learned Advocate for Petitioner.

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3. Present Petition is filed by Petitioner for issuance of Succession Certificate under Section 372 of Indian Succession Act,1925 in respect of the properties and credits of deceased Ahmed Husain Rehmatullah. The names and details of legal heirs of the deceased are stated in paragraph No.4 of the Petition. Purpose for filing the present Petition is stated in paragraph No.7 of the Petition. I have perused the same.

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1 of 2

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M26.TP.1735.2025.doc

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4. Consent affidavits dated 18.05.2023 of Akhtar Husain S/O Ahmed Husain Rehmatullah, Amina Khatoon W/O. Safaullah, Momina Khatoon W/O. Ajad Khan, Ashama Khatun W/O. Ali Ahmad and Zubaida Khatoon W/O. Mohammad Zafar, the legal heirs are filed on record and appended at page Nos. 20,25, 30, 35 and 40 of Petition.

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5. In view of the above, there can be no impediment in allowing the Petition. Misc. Petition is allowed and disposed of in terms of un-numbered prayer clause which read thus:-

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“The Succession Certificate may be granted to the petitioner in respect of the debts set forth in Schedule I hereto, with power to collect the said debts with interest thereon.”

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6. Issuance of proclamation stands dispensed with.

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7. Department is directed to issue the Succession Certificate as

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directed above within a period of 3 weeks from today positively.

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8. Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department.

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[ MILIND N. JADHAV, J. ]

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Ajay