Magdoom Mohiddin Panchmahal and Anr. vs Mohiddin Sharif Panchmahal (Deceased) — Bombay HC (2025) — LawSathi Research

Magdoom Mohiddin Panchmahal and Anr. vs Mohiddin Sharif Panchmahal (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 certifying Magdoom Mohiddin Panchmahal, Mohammad Mohiddin Panchmahal and Khatun Bi Mohiddin Panchmahal as the only heirs and legal representatives of the deceased Mohiddin Sharif Panchmahal; Registry to issue the Certificate in the prescribed standard format subject to office requisitions; Miscellaneous Petition disposed of with no order as to costs.

Issue for consideration

Whether a Legal Heirship Certificate should be granted under Section 2 of Bombay Regulation VIII of 1827 in respect of the deceased Mohiddin Sharif Panchmahal, who died intestate at Mumbai on 5th March, 2021, certifying the Petitioners as his only heirs and legal representatives.

Court's answer

As the Registry duly verified the Petition and no other Petition for a Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration (with or without Will annexed) exists, there is no impediment in law to the grant of relief.

Ratio / Principle

The Miscellaneous Petition is allowed in terms of prayer clause (a), i.e., issuance of a Legal Heirship Certificate under the provision of Bombay Regulation Act VIII of 1827 certifying that Magdoom Mohiddin Panchmahal, Mohammad Mohiddin Panchmahal and Khatun Bi Mohiddin Panchmahal are the only heirs and legal representatives of the deceased.

Key takeaways

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.ratio¶19

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Testamentary and Intestate Jurisdiction), Miscellaneous Petition No. 113 of 2025, decided 18th March 2025 by Justice Arif S. Doctor: Grant of a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of Mohiddin Sharif Panchmahal, who died at Mumbai on 5th March 2021; despite diligent search no Will was found, so the deceased is assumed to have died intestate. His surviving heirs according to the Muslim Personal Law (Shariat) Application Act, 1937 are the Petitioners: son Magdoom Mohiddin Panchmahal (Petitioner No.1), son Mohammad Mohiddin Panchmahal (Petitioner No.2) and daughter Khatun Bi Mohiddin Panchmahal (Petitioner No.3). The Registry had duly verified the Petition and no other Petition for a Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration existed, so there was no impediment in law. The Petition was allowed in terms of prayer clause (a); the Registry is directed to issue the Certificate in the prescribed standard format subject to office requisitions; the Petition stands disposed of with no order as to costs.

Digitally signed by MULEY MULEY SHUBHAMPRAVINRAO SHUBHAM PRAVINRAO Date:2025.03.19 18:39:22 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 113 OF 2025

Magdoom Mohiddin Panchmahal & Ors. ...Petitioners

Mohiddin Sharif Panchmahal ...Deceased

Adv. Pawar Pranot Prabhakar for the Petitioner.

CORAM : ARIF S. DOCTOR, J. DATE : 18TH MARCH, 2025

P.C.:-

The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of one Mohiddin Sharif Panchmahal (‘the deceased’), who died at Mumbai on 5th March, 2021. A copy of the death certificate is annexed to the Miscellaneous Petition. It is stated that despite due and diligent search, no Will of the deceased has been found. It is therefore assumed that the deceased died intestate.

The deceased left behind him surviving as his only heirs and next of kin the Petitioners according to Muslim Personal Law (Shariat) Application Act, 1937.

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Shubham

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The reason for which the Legal Heirship Certificate is required is set out in paragraph 14 of the Miscellaneous Petition.

The Registry has duly verified the Petition. No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief.

I have heard the learned Counsel appearing on behalf of the Petitioner as well as perused the said Petition. I find that the same is in order and deserves to be allowed in the interest of justice.

The Miscellaneous Petition is therefore allowed in terms of prayer clause (a) which reads as under :-

“ a) That a Legal Heirship Certificate of the Deceased be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that (1) Magdoom Mohiddin Panchmahal, ( the Son of the Deceased and the Petitioner No.1 herein), (2) Mohammad Mohiddin Panchmahal (the Son of the Deceased abovenamed and the Petitioner No.2 herein) and (3) Khatun Bi Mohiddin Panchmahal (the Daughter of the deceased abovenamed and the Petitioner No.3 herein) are the only heirs and Legal representatives of the deceased. ”

The Registry shall issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to all compliance of office requisitions.

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Shubham

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The Miscellaneous Petition is accordingly disposed of. There shall be

no order as to costs.

(ARIF S. DOCTOR, J.)

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Shubham