msm Before : Shri S.R. Paranjpe,

Addl. Registrar (O.S.)/

Addl. Prothonotary and Senior Master

Date : 4^th January, 2022.

FOR DIRECTION :

02.TP/890/2021

Mr. Rohan Kaiche i/b. Mithun Mahajan,

Advocate for the Petitioner.

P.C. :1.

Today’

s Board was discharged due

to pandemic COVID-19. However, since

the objection was dispensed with by the

Hon’

ble Court order dated 22^nd

December, 2021 in the matter.

2.

Heard.

3.

Perused Petition.

4.

This petition is for Letters of

Administration (De-bonis-Non) to the

property and credits of the deceased viz.

Nizam Mir Osman Ali Khan Asif Jah

alias Nawab Mir Osman Ali Khan

Bahadur.

5.

By Order dated 12^th May, 2021 the

following objections were raised

5) In view of the Petition 24 of

2018, 2524 of 2019 is pending

before this Court, obtain necessary

..2/-

: 2 :

directions from the Hon’

ble Court.

As regards Petition Nos. 24 of 2018 and

2524 of 2019, the Learned Advocate for

the Petitioner submitted that the Hon’

ble

Shri Justice R. I. Chagla, J. vide order

dated 26^th October, 2021 allowed the

Petitioner to withdraw the Petition

No.2524 of 2019 and Testamentary

Petition No.24 of 2018 was dismissed.

objection No.3. Please explain how

legal heir Afzal can file the Petition as

heirs of deceased, falling in earlier

class are alive.

As regards objection No.3 the Learned

Advocate for the Petitioner submitted

that the Hon’

ble Shri Justice R. I.

Chagla, J. vide order dated 17^th

November, 2021 directed the Registry to

process the Testamentary Petition for

Letters of Administration De-bonis-non

to the property credits of the deceased

viz. Nizam Mir Osman Ali Khan Asif Jah

alias Nawab Mir Osman Ali Khan

Bahadur.

6.

Petitioner is herein viz. Meraj

Begum widow of Afzal Ali Khan is the

..3/-

: 3 :

grand daughter-in-law of the Deceased.

The said deceased left him surviving as

his only heirs and next of kin according

to Mohammeden Law as stated in

Paragraph-4 of the Petition. The parents,

grant parents and wife of the deceased is

predeceased of the deceased. The

deceased had no daughters. The

deceased son (Nawab Zulfekar Jahan

Bahadur) has left no son. The maternal

and paternal parents was also

predeceased the deceased. The Afzal Ali

Khan S/o Nawab Zulfekar Jahan

Bahadur expired on 08^th March, 2020,

leaving behind his widow and one son

and one daughter as his heir. The

deceased left no other heirs and next of

kin as stated in the Petition.

7.

The Learned Advocate for the

Petitioner submitted that the Petitioner

being the widow grant daughter-in-law

of the deceased claims to be and is

entitled to 0.48 share of the deceased.

The assets of the deceased including

interest which home accrued since the

date of death of deceased and the

..4/-

: 4 :

increased value of assets since the value

of rate is Rs.5,00,00,000/-.

8.

The Learned Advocate for the

Petitioner submitted that the Afzal Ali

Khan S/o Nawab Zulfekar Jahan

Bahadur had applied for Petition for

Letter of Administration in respect of the

properties left by the deceased and

Letter of Administration was granted to

him on 11^th April, 2019. That the said

Afzal Ali Khan S/o Nawab Zulfekar

Jahan Bahadur expired on 8^th March,

2020 without administering the estate

left by the deceased. After demise of

Afzal Ali Khan S/o Nawab Zulfekar

Jahan Bahadur, the Petitioner has

applied for Letter of Administration De-

Bonis-Non in respect of Un-Administered

estate of the deceased.

9.

The Registry vide order dated 30^th

November, 2021 has raised the objection

in respect of the issuance of Citation in

the Petition. The Learned Advocate for

the Petitioner submitted that the Hon’

ble

Shri Justice R. I. Chagla, J. vide order

..5/-

: 5 :

dated 22^nd December, 2021 directed the

Department to process the Testamentary

Petition No.890 of 2021 for