The court granted an heirship certificate to the widow of the deceased under Section 2 of the Bombay Regulation Act, 1827, accepting the consent affidavits of legal heirs and dispensing with the requirement of a proclamation.
Petition made absolute; heirship certificate directed to be issued expeditiously; proclamation dispensed with.
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.
25-mpt-170-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
MISC. PETITION IN T.& I.J. NO.170 OF 2018
Zujer Hasanali Patla ...Deceased vs. Smt Nafisa Zujer Pata ...Petitioner
Mr. Jayesh Kalanke, for the Petitioner.
CORAM : R.D. DHANUKA, J.
DATE : JANUARY 22, 2019
P.C.:
. By this Miscellaneous Petition, the Petitioner who is widow of the deceased Zujer Hasanali Patla who died on 16th September, 2009 prays for grant of heirship certificate under Section 2 of the Bombay Regulation Act VIII of 1827. The Petitioner No. 1 is son, No. 2 is daughter and No. 3 wife of the deceased. A copy of the death certificate is annexed to the Petition at Exhibit A. The names of the legal heirs are disclosed in the Petition. It is stated that the deceased left behind his surviving as his only heirs and next of kins as per Hindu Succession Act, 1956 whose names
are disclosed in the Petition. The parents of the deceased predeceased the deceased. Save and except the legal heirs whose names are mentioned, there are no other legal heirs left by the said deceased.
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Vishal Parekar
25-mpt-170-2018.doc
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Vishal Parekar
1 issue framed by the court
Whether a widow is eligible to claim an heirship certificate without service of proclamation.
2 provisions across 2 enactments
Zujer Hasanali Patla
Smt Nafisa Zujer Pata
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
