In this petition under Section 2 of Bombay Regulation VIII of 1827, the petitioner sought a Legal Heirship Certificate as the son of a deceased. The court found no opposition and held that the petitioner was entitled to the certificate.
Issuance of Legal Heirship Certificate certifying petitioner as the only heir of the deceased.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
28-MPT-47-2017
1
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC. PETITION NO. 47 OF 2017
Nadira Shaikh Mohamed Yusuf ] Deceased Sadiq Shaikh Mohamed Yusuf ] Petitioner
Mr. B.L. Mangale, for petitioner.
…... CORAM : R.G. KETKAR, J. DATE : 10th AUGUST, 2017. P.C .
Heard Mr. Mangale, learned Counsel for the petitioner
at length.
2 28-MPT-47-2017
Edition and Navshakti, Marathi language, Mumbai Edition setting out therein that if any person desirous to oppose the grant of relief sought in the Petition then he shall make an affidavit opposing grant with Registry within 30 days from the date of publication. Mr. Mangale has invited my attention to notice published in the Free Press Journal in English, Mumbai Edition and Navshakti in Marathi Edition as also affidavit of service. He submitted that the said notices were made in compliance of order dated 12th April, 2017. However, nobody has lodged affidavit opposing grant with the Registry.
2 issues framed by the court
Whether the petitioner is entitled to the issuance of a Legal Heirship Certificate as the son of the deceased.
Whether the statutory requirements for publication of notices under the Act were complied with.
1 provisions across 1 enactments
Nadira Shaikh Mohamed Yusuf
Sadiq Shaikh Mohamed Yusuf
R.G. KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
