2025:BHC-AUG:11089 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.214 OF 2024 AND FIRST APPEAL NO.215 OF 2024 AND FIRST APPEAL NO.722 OF 2025 Sunil s/o. Vitthal Shinde, Age: 55 years, Occ: Agril, R/o Sindon, Tq. & Dist. Aurangabad, At present Renukanagar, Garkhed Parisar Aurangabad ..Appellant (Orig. Applicant)

Versus

1. Ali Shan S/o. Noor Mohammad Shaikh, Age: 55 years Occ: Agril, R/o. Chitegaon, Tq. Paithan, Dist. Aurangabad

2. Bebe Wd/o Noor Mohammad Shaikh, Age: 78 years, Occ: Nil.

R/o. As above.

3. Imtiyaz Bee @/o Peer Mohammad Shaikh, Age: 59 years Occ: Household, R/o. Shindon Tq/ & Dist. Aurangabad.

4. Rabiyabee W/o. Vazir Shaikh, Age: 52 years, Occ: Household, R/o. As above.

5. Hamsheerabee W/o Shaikh Chand, Age: 50 years, Occ: Household, R/o. Garkheda, Aurangabad.

6. Shamshadbee W/o Latif Sayed, Age: 47 years, Occ: Household, R/o. Badgaon, Tq. & Dist. Aurangabad.

7. Lailabee Shamat Shaikh, Age: 42 years, Occ; Household, R/o. Shindon Tq. and Dist. Aurangabad.

8. The State of Maharashtra The District Collector, Aurangabad ..Respondents (R.No.1 to 7 are Orig. R. Nos.2 to 8 and R.No.8 is Ori. R.No.1.)

…

Mr. P. F. Patni, Advocate for the Appellant.

Mr. Mohsin Khan, Advocate for Respondent Nos.1 to 7.

Mr. V. S. Badakh, AGP for Respondent No.8.

…

CORAM : S. G. CHAPALGAONKAR, J.

RESERVED ON :- 18^th MARCH, 2025.

PRONOUNCED ON :- 17^th APRIL, 2025.

JUDGMENT:-

1. All proceedings are arising out of common order dated 30.09.2023 passed by Civil Judge Senior Division, Aurangabad. For better understanding, the details are mentioned in tabular form:

2. All three proceedings were taken up for common hearing and disposal before Civil Judge Senior Division at Aurangabad, who allowed Civil M.A. No.2151/2021 and directed issuance of heirship certificate in name of Alishan and others in respect of immovable properties and succession certificate in respect of Alishan and others in respect of Fixed Deposits at Maharashtra Gramin Bank, whereas rejected Civil M.A. Nos.293/2023 and 294/2023.

3. The facts giving rise to present proceedings are summarized as under:

One Tajuddin Noor Mohammad Shaikh was scholar of religious scriptures of Hindu religion and renowned preacher (Kirtankar). Although he was Muslim by birth, he had developed interest in Hindu scriptures since his young age and devoted in social and religious work in the interest of community. The appellant-Sunil Vitthal Shinde claims that Tajuddin Shaikh was residing with him as family member. Initially he came in contact with appellant’s father and became family member. The appellant since childhood devoted himself in assisting Tajuddin Shaikh. During the lifetime Tajuddin Shaikh purchased some properties out of his income and had maintained certain Fixed Deposits. He executed two Will dated 11.12.2013 and 28.09.2020 and bequeathed his property to appellant. Tajuddin Shaikh died on 27.09.2021 due to heart attack. After demise of Tajuddin Shaikh, Appasaheb Admane handed over appellant both Will. Accordingly, he claims for grant of Probate in respect of Will or Letter of Administration as per Will.

4. It is contention of appellant that Alishan and others have no right to seek heirship or succession certificate as Tajuddin Shaikh has executed Will and bequeathed his interest in movable and immovable properties in his favour.

5. Per contra, Alishan and others contested clai