Allowed

Nasreen Javed Sayyad v. Javed Abbas Sayyad (Deceased)

Bombay HC14 Dec 2024MPT/6/2025

Case brief

AI extract

What is this about?

This single judge allowed the petitioner's petition seeking an heirship certificate for the estate of her deceased husband. The court dispensed with the issue of proclamation and directed the issuance of the certificate upon amendment as ordered.

What did the court decide?

The petition allowed to be amended; issue of proclamation dispensed with; grant to be issued only after amendment.

Nasreen Javed Sayyad vs Javed Abbas Sayyad… — Succession and Inheritance | Bombay HC (2024)

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2024:BHC-OS:21677

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26 mptl 32034 of 2024-2.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

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MISC. PETITION (L) NO.32034 OF 2024

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Nasreen Javed Sayyad … Petitioner

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Javed Abbas Sayyad

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… Deceased

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Mr. Parag Shailendra Mishra, for Petitioner.

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CORAM: N.J.JAMADAR, J.

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DATE : 14 DECEMBER 2024

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P.C.

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Heard the learned Counsel for the Petitioner.

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Leave to amend so as to amend the prayer clause to include names of

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the heirs mentioned in the table at paragraph No.6.

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Necessary amendment be carried out within a period of one week.

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This petition is filed for grant of heirship certificate under Section 2 of the Bombay Regulation VIII of 1827.

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Javed (deceased) was the husband of the Petitioner. The deceased passed away on 11 March 2023. At the time of his death, the deceased had a fixed place of abode at Room No. 266, Janta Colony, Gilbert Hill Road, Green Tower, Andheri (West), Mumbai – 400 058

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The Petitioner avers that the deceased died intestate and despite diligent search, no testamentary writing or Will has been found. The

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SSP (corrected order as per Speaking to the Minutes of Order dated 15 Jan. 2025). 1/2

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26 mptl 32034 of 2024-2.doc deceased left behind the Petitioner, Muzammil, a son and Adifaah, a minor daughter, particulars of whom are furnished at Sr. Nos.2 and 3 in the table at paragraph No.6 of the Petition. Heirship certificate is required to lay claim over the property described in Schedule I to the Petition.

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The documents annexed to the Petition substantiate the claim of the Petitioner. The Petitioner, her son and daughter, appear to be the surviving Class I legal heirs of the deceased. Muzammil, son of the Petitioner, has filed an affidavit giving his consent for grant of heirship certificate. The Petitioner has filed an affidavit on behalf of Adifaah, the minor daughter, in the capacity of the guardian of Adifaah, giving consent for grant of heirship certificate. Thus, I do not find any impediment in granting heirship certificate.

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Hence, the following order :

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ORDER

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(i) The Petition stands allowed in terms of prayer clause (b), to be amended pursuant to this order.

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(ii) Issue of proclamation is dispensed with. (iii) Grant be issued only after amendment is carried out.

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( N.J.JAMADAR, J. )

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SSP (corrected order as per Speaking to the Minutes of Order dated 15 Jan. 2025). 2/2

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Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 16/01/2025 11:24:31

Nasreen Javed Sayyad v. Javed Abbas Sayyad (Deceased)

Case brief

What is this about?

What did the court decide?

Nasreen Javed Sayyad v. Javed Abbas Sayyad (Deceased)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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