Allowed

Rukhsana Parvez Shaikh v. Parvez Abdullah Shaikh (Deceased)

Bombay HC15 Dec 2023MPT/435/2023

Case brief

AI extract

What is this about?

This testamentary petition under Bombay Regulation VIII of 1827 sought issuance of a legal heirship certificate for the widow and minor children of the deceased intestate. The Court accepted the petition, dispensed with proclamation, and allowed the prayer.

What did the court decide?

Petition allowed; legal heirship certificate directed to be issued in favor of petitioner and other heirs.

Rukhsana Parvez Shaikh Vs Parvez Abdullah Shaikh… — Succession and Inheritance | Bombay HC (2023)

¶1

31_MPT_435_23.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS TESTAMENTARY PETITION NO. 435 OF 2023

¶3

Parvez Abdulla Shaikh … Deceased Rukhsana Parvez Shaikh … Petitioner

¶4

Mr. Yogesh Panchal for petitioner.

¶5

CORAM : MANISH PITALE, J. DATE : 15^th DECEMBER, 2023

¶6

P.C. :

¶7

. Heard learned counsel for the petitioner. By this petition filed under Bombay Regulation VIII of 1827, the petitioner is seeking issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased. The petitioner is the widow of the deceased.

¶8

The deceased expired at Thane on 03.02.2023. Copy of death certificate is annexed at Exhibit A to the petition.

¶9

It is specifically stated that although the deceased died at Thane, he was permanent resident of Flat No.401, C Wing, Rizvi CHS Ltd., S. V. Road, Santacruz (West), Mumbai-400054. It is further specifically stated that the deceased died intestate without executing any will.

¶10

The petitioner, at paragraph No.4 of the petition, has given details of the surviving legal heirs of the deceased, which include the petitioner (widow) and two minor children (son and daughter).

¶11

PRIYAKAMBLI Digitallysigned byPRIYA KAMBLIDate:2023.12.1814:04:18+0530

¶12

1/2

¶13

31_MPT_435_23.doc

¶14

It is stated in the petition that the legal heirship certificate is required for transfer of properties in favour of the surviving legal heirs of the deceased.

¶15

Having perused the material brought to the notice of this Court, the petition is accepted and proclamation is dispensed with.

¶16

In the interest of justice, the petition is allowed in terms of prayer clause (a), which reads as follows:

¶17

“(a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that petitioner, alongwith the heirs mentioned in Para 4, are the only heirs and legal representatives of the said deceased.”

¶18

Department is directed to expedite the issuance of legal heirship certificate.

¶19

(MANISH PITALE, J.)

¶20

Priya Kambli

¶21

2/2

Rukhsana Parvez Shaikh v. Parvez Abdullah Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

Rukhsana Parvez Shaikh v. Parvez Abdullah Shaikh (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

Mehul Arvind Mehta Vs Arvind Chhotalal Mehta (Deceased)

Zee Learn Limited vs Samsidh Educational Soceity

Zee Learn Limited vs S. K. Educational Trust, Through Its Authorized Signatory

Nitin Umesh Trivedi Vs Umeshkumar Jainarain Trivedi and 2 Ors.

Hindustan Unilever Limited vs Zhonghou Cosmetics Co. Ltd.

Vandana Infrrastructure Private Limited vs Official Liquidaor of Bombay High Court