Allowed

Shamsuddin Sultanli Khetani v. Sultanali Mohanali Khetani (Deceased)

Bombay HC2 Nov 2023MPT/383/2023

Case brief

AI extract

What is this about?

This court allowed a miscellaneous petition seeking a legal heirship certificate. The petitioner, the only surviving son, approached the court under the Bombay Regulation Act as his father died intestate without any other surviving heirs.

What did the court decide?

Issue of legal heirship certificate certifying the petitioner as the only legal heir and legal representative of the deceased.

Shamsuddin Sultanli Khetani Vs Sultanali Mohanali… — Succession and Inheritance | Bombay HC (2023)

¶1

5_MPT383_23.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.383 OF 2023

¶3

Shamsuddin Sultanali Khetani … Petitioner

¶4

Sultanali Mohanali Khetani … Deceased

¶5

Mr. Jiten N. Bhardwaj for Petitioner.

¶6

CORAM : MANISH PITALE, J. DATE : NOVEMBER 2, 2023

¶7

P.C. :

¶8

. Heard learned counsel for the petitioner.

¶9

By this petition filed under the provisions of the Bombay Regulation Act VIII of 1926, the petitioner is seeking issuance of legal heirship certificate. The deceased was the father of the petitioner, who died on 21.05.2021 at Mumbai. Copy of the death certificate is placed on record. At the time of his death, the deceased had a fixed place of abode at Flat No.H-303, Green Park, Usha Darshan Development Co-operative Housing Society Limited, Off. Link Road, Oshiwara, Andheri (W), Mumbai - 400 053. It is stated that the deceased died intestate, without leaving behind any Will.

¶10

It is stated in paragraph 4 that the petitioner is the only surviving legal heir being the son of the deceased. The wife and daughter of the deceased predeceased him and copies of their death certificates are also placed on record. It is also stated that the grand parents had already died at the time of death of the deceased.

¶11

The details of the properties left behind by the deceased are also given in the petition, and therefore, in that context, the present petition is filed.

¶12

MINAL Digitally signedby MINALSANDIP PARAB SANDIPPARAB Date:2023.11.0310:20:07+0530

¶13

1/2

¶14

5_MPT383_23.doc

¶15

In view of the material brought to the notice of this Court, the petition is accepted and proclamation is dispensed with. In the interest of justice, the petition is allowed in terms of prayer clause (a), which reads as follows:-

¶16

“a) That this Hon’ble Court be pleased to grant and issue a Legal Heirship Certificate, certifying that the petitioner viz. Shamsuddin Sultanali Khetani, being son of the deceased be recognized as the only legal heir and legal representative of the deceased, under the provisions of the Bombay Regulation VIII of 1827.”

¶17

The department to proceed expeditiously in the matter.

¶18

(MANISH PITALE, J.)

¶19

Minal Parab

¶20

2/2

Shamsuddin Sultanli Khetani v. Sultanali Mohanali Khetani (Deceased)

Case brief

What is this about?

What did the court decide?

Shamsuddin Sultanli Khetani v. Sultanali Mohanali Khetani (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunanda Sunilkumar Jain and 2 Others (Pet.) and Avinash Sudarshan Singhai (Deceased) Vs Pushpa Avinash Singhai and 2 Others

Himanshu Vaidya and 2 Others Vs Bharti Kupdeep Sapat and Shilpa Vinay Ashar

Sajid Abdullah Khan Vs Halimabee Abdulla Khan (Deceased)

Pramila Sudhakar Warke Nee Kumari Pramiladevi Bhagatram Sehgal vs Indiradevi Bhagatram Sehgal Alias Indradevi Bhagatram Sehgal

Atul Rameshchandra Manek Vs Rameshcahndra Karsandas Manek @ R. K. Manek (Deceased)

Hema Rajnikant Simpson Vs Rajnikant Chimanlal Shah Alias Rajanikant Chimanlal Shah (Deceased)