Petitioner sought an heirship certificate for the intestate estate of his father. The single judge noted consent from surviving legal heirs and lacked impediments.
Petition allowed; proclamation dispensed with; grant expedited pursuant to Section 2 of the Bombay Regulation VIII of 1827.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
33-mpt-591-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
MISCELLANEOUS PETITION NO.591 OF 2024
VISHAL SUBHASH PAREKAR
Digitally signed by VISHAL SUBHASH PAREKAR Date: 2024.12.17 14:30:28 +0530
Sarfaraz Ahmed Syed s/o.Hussain Syed ... Petitioner And Hussain Ahmed Syed @ Sayed Hussain Sayed Ahmed … Deceased
Mr. Manoj Mane, for Petitioner.
CORAM: N.J.JAMADAR, J. DATE : DECEMBER 16, 2024
P.C.
Vishal Parekar, PS 1/2
33-mpt-591-2024.doc issue less, leaving behind Nilofer Ali Ahmed Syed, the daughter in law of
the deceased, the particulars of whom are mentioned at Serial No. 5a in the table at paragraph No. 4. The wife of the deceased Razia Begum Hussain Syed, predeceased the deceased, on 10th October, 2014. Copy of death certificate of Razia is annexed at Exhibit B to the petition. Apart form the heirs mentioned at paragraph No. 4, there is no other legal heir. The heirship certificate is required to lay claim over the property described in the Schedule of Property (Exh.F).
Hence, the following order :
ORDER
( N.J.JAMADAR, J. )
Vishal Parekar, PS 2/2
2 issues framed by the court
Whether an heirship certificate should be granted under the Bombay Regulation VIII of 1827.
Whether the predecease of the wife and one son bars the grant of heirship certificate.
1 provisions across 1 enactments
Vishal Subhash Parekar
Hussain Ahmed Syed @ Sayed Hussain Sayed Ahmed
N.J.Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
