Allowed

Asif Aziz Ahmad Khan v. Noorjahan Aziz Ahmed Khan, Alias Khan Noor Jahan Aziz Ahmed Khan

Bombay HC31 Jul 2024MPT/256/2024

Case brief

AI extract

What is this about?

Petition for grant of legal heirship certificate under Bombay Regulation VIII of 1827 in respect of a deceased sister who died intestate, survived by the petitioner and four sisters. Court found no impediment, allowed the petition in terms of prayer clause (a), dispensed with proclamation, and expedited the grant.

What did the court decide?

Legal heirship certificate granted to petitioner along with heirs mentioned in paragraph 4 of the petition; proclamation dispensed with; grant expedited.

Asif Aziz Ahmad Khan vs Noorjahan Aziz Ahmed Khan… — Succession and Inheritance | Bombay HC (2024)

¶1

22-MPT256-2024.DOC

¶2

SANTOSH SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2024.08.01 11:23:46 +0530

¶3

Santosh

¶4

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

¶5

MISC. PETITION NO. 256 OF 2024

¶6

Asif Aziz Ahmad Khan ...Petitioner

¶7

Noorjahan Aziz Ahmed Khan …Deceased

¶8

Ms. Seema Hunnurkar, i/b Seema Hunnurkar and Asso., for the Petitioner.

¶9

CORAM: N. J. JAMADAR, J. DATED: 31^st JULY, 2024

¶10

PC:-

¶11

Heard the learned Counsel for the petitioner.

¶12

Leave to amend the Schedule of Assets.

¶13

Leave granted.

¶14

Necessary amendment be carried out within a week’s

¶15

time.

¶16

This petition is filed for grant of heirship certificate

¶17

under Section 2 of the Bombay Regulation VIII of 1827.

¶18

Noorjahan Aziz Ahmed Khan (the deceased) was the sister of the petitioner. The deceased passed away on 28^th

¶19

July, 2023. At the time of her death, the deceased had a

¶20

1/3

¶21

22-MPT256-2024.DOC

¶22

fixed place of abode at at Flat No. E/105 Crescent Hill View, Surya Nagar, L. B. S. Marg, Vikhroli (West), Mumbai.

¶23

In the petition, it is averred that deceased died intestate and despite diligent search no testamentary writing or Will has been found. The deceased was a spinster. Her parents predeceased her. The deceased left behind the petitioner and four sisters, the particulars of whom are furnished in the table at paragraph 4 of the petition. Apart from the petitioner and heirs mentioned in the table at paragraph 4 of the petition, there is no other legal heir of the deceased. The heirship certificate is required to lay claim over the property described in the Schedule of Assets.

¶24

I have perused the averments in the petition. The averments in the petition find support in the documents annexed to the petition. The death certificate of the deceased does not indicate the name of the husband of the deceased. The documents on record indicate that the petitioner and the other siblings mentioned in the table at paragraph 4 are the surviving legal heirs of the deceased. The rest of the legal heirs have filed an affidavit giving consent for the grant of the heirship certificate. Hence, I do not find any impediment in granting the heirship certificate.

¶25

2/3

¶26

22-MPT256-2024.DOC

¶27

The petition stands allowed in terms of prayer clause

¶28

(a), which reads as under:

¶29

“(a) This Hon’ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the petitioner, alongwith the heirs mentioned para no. 4 herein above are the only heirs and legal representatives of the deceased.”

¶30

Issue of proclamation is dispensed with.

¶31

The grant of heirship certificate is expedited.

¶32

[N. J. JAMADAR, J.]

¶33

3/3

Asif Aziz Ahmad Khan v. Noorjahan Aziz Ahmed Khan, Alias Khan Noor Jahan Aziz Ahmed Khan

Case brief

What is this about?

What did the court decide?

Asif Aziz Ahmad Khan v. Noorjahan Aziz Ahmed Khan, Alias Khan Noor Jahan Aziz Ahmed Khan

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

Durgadas Vaikunth Kasbekar vs Madhukar Shantaram Kasbekar(Decesed)

Pramod Anant Sawant vs Nalinkumar Mohanbhai Patel (Deceased)

Pramod Anant Sawant vs Daya Nalinkumar Patel (Deceased)

Savita Pandurang Aher vs Pandurang Damodar Aher (Deceased)

Anand Mahadev Jadhav vs Mahadev Gangaram Jadhav Alias M G Jadhav (Deceased)

Tejaswini Gangaram Thorat Alias Tejaswini Gangadhar Thorat vs Gangadhar Ramchandra Thorat Alias Gangaram Ramchandra Thorat (Deceased)