Allowed

Sabra Ali Raza Shah v. Ali Raza Jangi Shaikh (Deceased)

Bombay HC17 Apr 2024MPT/12/2024

Case brief

AI extract

What is this about?

A petition filed by a daughter seeking a legal heirship certificate for her deceased father, who died intestate. The court noted an objection from a non-consenting step-sister but allowed the petition as the prayer sought issuance in favour of all listed legal heirs, including the step-sister.

What did the court decide?

Legal heirship certificate granted to the petitioner and other legal heirs mentioned in paragraph 4 of the petition.

Sabra Ali Raza Shah Vs Ali Raza Jangi Shaikh… — Succession and Inheritance | Bombay HC (2024)

bipin prithiani

25-mpt-12-24.doc

BIPIN DHARMENDER PRITHIANI

¶5

Digitally signed by BIPINDHARMENDER PRITHIANIDate: 2024.04.19 11:17:09 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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MISCELLANEOUS PETITION NO. 12 OF 2024

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Sabra Ali Raza Shah

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… Petitioner

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Ali Raza Jangi Shaikh … Deceased

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Mr. Sanjay P. Patankar for the Petitioner. Mr. A. K. Upadhyay a/w Rohan Kharat for Caveator.

¶12

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CORAM: MANISH PITALE, J. DATE : 17^th APRIL 2024

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P.C. :

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. Heard learned counsel for the petitioner.

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By this petition, the petitioner seeks issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased.

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The deceased was the father of the petitioner. He died on 28^th December 1990. Copy of his death certificate is annexed at Exhibit ‘A’ to the petition. It is stated that at the time of his death, the deceased was residing at Chawl No.A-18, Room No.4, S. P. Road, Deonar, Municipal Colony, Govandi, Mumbai 400 043. It is further stated that the deceased died intestate, without leaving behind any testamentary writing or Will.

bipin prithiani

25-mpt-12-24.doc

In paragraph 4 of the petition, the petitioner has given the details of surviving legal heirs of the deceased, which include the petitioner (daughter), widow of the deceased and step-sister of the petitioner.

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Since, consent affidavit was given only by the widow of the deceased, proclamation was issued.

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The proclamation was returnable today. The step-sister of the petitioner is represented by counsel. He submits that vakalatnama of the advocate representing the step-sister of the petitioner has been e-filed today. The department to verify the same and take the vakalatnama on record.

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The learned counsel appearing for the non-consenting legal heir i.e. step-sister of the petitioner submits that the legal heirship certificate cannot be issued only in the name of the petitioner.

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Perusal of the prayer clause of the present petition shows that the petitioner is seeking issuance of legal heirship certificate in favour of the petitioner along with all the legal heirs mentioned in paragraph 4 of the present petition. Since paragraph 4 of the present petition includes the name of the said step-sister of the petitioner, as one of the legal heirs, the apprehension expressed on behalf of the non-consenting legal heir is appropriately addressed.

bipin prithiani

25-mpt-12-24.doc

In the light of the material placed on record, the petition is accepted.

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The petition is allowed in terms of prayer clause (a), which reads as follows :

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“(a) That this Hon’ble Court be pleased to grant Legal Heirship Certificate to the Petitioner certifying that the Petitioner along with the legal heirs mentioned in para no.4 of this petition are recognized legal heirs/legal representatives and next of the kin of the Deceased Ali Raza Jangi Shaikh”

¶32

MANISH PITALE, J.

Sabra Ali Raza Shah v. Ali Raza Jangi Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

Sabra Ali Raza Shah v. Ali Raza Jangi Shaikh (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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