Allowed

Mrs. Naseem Ahmad v. Nil

Karnataka HC12 Aug 2024PROB.CP/4/2024

Case brief

AI extract

What is this about?

Petitioners, brother and sisters (and niece/nephew) of deceased Mohammad Irshad Gangjee who died intestate in 2018, sought a succession certificate under Section 372 of the Indian Succession Act for his movable assets. After citations published without caveat, the court granted the certificate.

What did the court decide?

Succession Certificate directed to be issued in favour of the petitioners; inventory within six months and accounts within one year from issuance; court fee payable.

Mrs. Naseem Ahmad Vs Nil — Succession and Inheritance | Karnataka HC (2024)

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NC: 2024:KHC:32384 PROB.CP No. 4 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE E.S. INDIRESH PROBATE CIVIL PETITION NO.4 OF 2024

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BETWEEN:

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MRS. NASEEM AHMAD W/O LATE AMEERUDDIN AHMAD, D/O LATE HOOSEIN FAIZULLA GANGJEE AGED ABOUT 81 YEARS, RESIDING AT NO.205, AJC BOSE ROAD, KOLKATA - 700 017. REP. BY HER SPECIFIC POWER OF ATTORNEY HOLDER MRS. REHANA CHAUDHURI.

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Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

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MR. ZAHID HOOSEIN GANGJEE S/O LATE HOOSEIN FAIZULLA GANGJEE AGED ABOUT 76 YEARS, RESIDING AT FLAT 2B, SWARNA PRAKASH, 98, RAJA BASANTA ROY ROAD, KOLKATA - 700 029. REP. BY HIS SPECIFIC POWER OF ATTORNEY HOLDER MRS. REHANA CHAUDHURI.

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MRS. REHANA CHAUDHURI W/O MR. DHRUBADEB CHAUDHURI D/O LATE HOOSEIN FAIZULLA GANGJEE AGED ABOUT 75 YEARS, RESIDING AT NO.872/G, MICHAEL PALYA ROAD, HAL III STAGE, BENGALURU - 560075.

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2 - NC: 2024:KHC:32384 PROB.CP No. 4 of 2024

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MRS. NAZIRAH GANGJEE W/O LATE BASHIR HOOSEIN GANGJEE AGED ABOUT 77 YEARS, RESIDING AT FLAT NO.8A, SONALI APARTMENT, NO.8/2A, ALIPORE PARK ROAD, KOLKATA - 700027. REP. BY HER SPECIFIC POWER OF ATTORNEY HOLDER MRS. REHANA CHAUDHURI.

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MS. FARZANAH GANGJEE D/O LATE BASHIR HOOSEIN GANGJEE, AGED ABOUT 48 YEARS, PERMANENTLY RESIDING AT FLAT NO.8A, SONALI APARTMENT, NO.8/2A, ALIPORE PARK ROAD, KOLKATA - 700 027. AND PRESENTLY RESIDING AT 3605, DEL MONTE DR. HOUSTON, TEXAS, U.S.A. REP. BY HER SPECIFIC POWER OF ATTORNEY HOLDER MRS. REHANA CHAUDHURI.

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MR. RAHIL GANGJEE S/O LATE BASHIR HOOSEIN GANGJEE AGED ABOUT 45 YEARS, RESIDING AT FLAT NO.301, ABRAR MATRUSHRI APARTMENTS, 25/11, AGA ABBAS ALI ROAD, ULSOOR BENGALURU - 560 042. REP. BY *HIS SPECIFIC POWER OF ATTORNEY HOLDER MRS. REHANA CHAUDHURI.

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…PETITIONERS

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(BY SRI. VIVEK ANAND ANTHONY BRITTO, ADVOCATE)

AND:

NIL

…RESPONDENT

corrected vide Chambers Order dated 22.11.2024.

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3 - NC: 2024:KHC:32384 PROB.CP No. 4 of 2024

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THIS PETITION IS FILED UNDER SECTION 372 READ WITH SECTION 47 OF THE INDIAN SUCCESSION ACT, 1925 PRAYING TO GRANT SUCCESSION CERTIFICATE IN RESPECT OF THE MOVABLE PROPERTIES OF MOHAMMAD IRSHAD GANGJEE ALSO KNOWN AS MOHAMMED IRSHAD GANGJEE ALSO KNOWN AS M.I. GANJEE (INTESTATE AND DECEASED), IN COMMON FORM, IN FAVOUR OF THE PETITIONERS TO HAVE EFFECT THROUGHOUT THE UNION OF INDIA UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925 AND ANY AMENDMENTS THERETO.

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THIS PETITION COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

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ORAL ORDER

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This petition is filed under Section 372 read with

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Section 47 of Indian Succession Act, 1925, seeking grant of Succession Certificate in respect of the movable properties of Mohammad Irshad Gangjee in favour of the petitioners.

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It is the case of the petitioners that the

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petitioners are the brother, * sisters , niece and nephew of deceased Mohammad Irshad Gangjee. It is stated that, Mohammad Irshad Gangjee, was a bachelor

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corrected vide Chambers Order dated 22.11.2024.

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NC: 2024:KHC:32384 PROB.CP No. 4 of 2024

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and died on 21^st January, 2018 at Bengaluru as per the death certificate produced at Document No.6. It is also stated that, the said Mr. Mohammad Irshad Gangjee was also called as Mohammed Irshad Gangjee and M.I. Gangjee. He died intestate. It is further stated in the petition that, the said Mohammad Irshad Gangjee, had movable assets including dividends, * rights , shares, bonus shares, interest, stock-split/stock divide and the petitioners are entitled for the same.

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It is also stated by the petitioners that, they are only surviving legal representatives of Mohammad Irshad Gangjee, and as such, sought for issuance of Succession Certificate in this petition.

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Petitioners 3 and 6 are residing in Bengaluru

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and petitioners 1, 2 and 4 are residing at Kolkata and are represented by petitioner No.3 as their Special Power of Attorney Holder and petitioner No.5 is residing at U.S.A. and being represented by * her Power of Attorney Holderpetitioner No.3. It is the case of the petitioners that, the

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inserted & corrected vide Chambers Order dated 22.11.2024.

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NC: 2024:KHC:32384 PROB.CP No. 4 of 2024

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petitioners are entitled to succeed to the estate left behind by Mohammad Irshad Gangjee, and as such, presented this petition for grant of Succession Certificate.

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Having taken note of the submission made by learned counsel appearing for petitioners, the relationship between the parties to late Mahammad Irshad Gangjee is not disputed and genealogical tree is as follows:

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Mohammad Irshad Gangjee also known as Mohammed Irshad Gangjee also known as M.I. Gangjee

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1 st Petitioner 2 nd Petitioner 3 rd Petitioner
Mrs. Naseem Mr. Zahid Mrs. Rehana
Ahmad Hoosein Chaudhuri
Gangjee
Sister of Sister of
Mohammad Brother of Mohammad
Irshad Gangjee Mohammad Irshad Gangjee
Irshad Gangjee
4 th Petitioner 5 th Petitioner 6 th Petitioner
Mrs. Nazirah Ms. Farzanah Mr. Rahil
Gangjee Gangjee Gangjee
Sister-in-law Niece Nephew
wife of Late Daughter of S/o Late
Bashir Hoosein Late Bashir Bashir Hoosein
* Gangjee Hoosein * Gangjee
* Gangjee
Brother of Brother of
Mohammad Brother of Mohammad
Irshad Gangjee Mohammad Irshad Gangjee
Irshad Gangjee

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corrected vide Chambers Order dated 22.11.2024.

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NC: 2024:KHC:32384 PROB.CP No. 4 of 2024

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Pursuant to the order dated 27^th May, 2024

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passed by this Court, the petitioners have taken citation in respect of the pendency of this petition and same was published in English Daily "The Hindu" Bengaluru Edition; Kannada Daily "Udayavani" Bengaluru Edition; English Daily, "The Indian Express", Kolkatta Edition and Bengali Daily "EL SAMAY" Kolkata Edition on 08^th June, 2024 and same are produced before this Court.

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7 The petitioners have placed before this Court all the relevant materials necessary for the purpose of grant of Succession Certificate. There being no objection or caveat to oppose the petition and as such, I am satisfied that the petition is in accordance with law. The petitioners have sworn to an affidavit detailing the assets and their value left behind by the deceased Mohammad Irshad Gangjee, in total, Rs. 7,50,02,931.68 (Rupees Seven Crore Fifty Lakh Two Thousand Nine Hundred Thirty One and sixty eight paisa only). Therefore, the petitioners are

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NC: 2024:KHC:32384 PROB.CP No. 4 of 2024

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entitled for grant of Succession Certificate and accordingly, the probate petition is allowed .

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Registry is directed to issue Succession Certificate since the deceased died intestate and petitioners to furnish inventory within six months from the date of issuance of Succession Certificate and accounts within one year from the date of issuance of Succession Certificate.

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Parties are directed to pay admissible Court fee accordingly.

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SD/(E.S.INDIRESH) JUDGE

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TMP

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Page No.7 retyped & replaced vide Chambers Order dated 22.11.2024.

Mrs. Naseem Ahmad v. Nil

Case brief

What is this about?

What did the court decide?

Mrs. Naseem Ahmad v. Nil

Case brief

What is this about?

What did the court decide?

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