The petitioner sought a legal heirship certificate for his deceased father. The court accepted the claim based on Mohammedan Law, noted no objections, and allowed the petition.
Miscellaneous Petition allowed in terms of prayer clause (a) for issuing legal heirship certificate.
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.
mpt78-17.doc
sg
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
MISC. PETITION NO.78 OF 2017
Jamil Jalil Shaikh ...Petitioner Jalil Ahmad Ajadali Shaikh ....Deceased
Ms. Pornima K. Kaluse, for the Petitioner.
CORAM : S.C. GUPTE, J.
DATED: 7 NOVEMBER, 2017
P.C. :
. The Miscellaneous Petition seeks legal heirship certificate under Section 2 of the Bombay Regulation VIII of 1827. The Petitioner is the son of the deceased Jalil Ahmed Ajadali Shaikh. He claims to be the only legal heir and next of kin of the deceased according to the Mohammedan Law applicable to Sunni Muslims, by which the deceased is governed. The present application is made in pursuance of a requisition made by Maharashtra Housing and Area Development Authority (MHADA) for transferring the title of the room held by the deceased in a building owned by MHADA. The petition was accepted and a proclamation was issued. The proclamation was duly displayed on the notice board of this Court. The Petitioner has filed an affidavit proving service of the proclamation. There is no response from anyone objecting to the legal heirship certificate applied for by the Petitioner herein.
Pg 1 of 2
mpt78-17.doc
( S.C. GUPTE, J. )
Pg 2 of 2
2 issues framed by the court
Whether the petitioner is the legal heir and next of kin of the deceased under Mohammedan Law.
Whether to issue a legal heirship certificate in pursuance of MHADA requisition.
1 provisions across 1 enactments
Jamil Jalil Shaikh
Jalil Ahmad Ajadali Shaikh
S.C. Gupte
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
