1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO.147 OF 2005 IN PETITION NO.391 OF 2002 Mr.Shakeel Siddik ...Petitioner. vs. The Prothonotary & Senior Master. ...Respondent. --- Mr.P.M.Khankar, for Petitioner. ----- CORAM: D.K.DESHMUKH,J. DATED: 28th July, 2006. P.C.:- There is only one objection raised by the office is that being a Mohammedan, the testator could not have bequeathed more than 1/3 rd of the surplus of his estate. A Mohammedan can bequeathed entire surplus of his estate in favour of non heir in case the heirs consent. The petitioner has stated in the petition that the deceased has not left behind him any heir. He has also issued public notice. Nobody appeared pursuant to the public notice also. In this view of the matter therefore, the office is directed to issue probate of the Will as sought in the probate petition. The notice of motion is 2 disposed of. ---