Farida Amirali Surani vs Late Amirali Mohamedali Surani — Bombay HC (2025) — LawSathi Research

Farida Amirali Surani vs Late Amirali Mohamedali Surani — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Misc. Petition allowed and disposed of in terms of prayer clauses (a) and (b): condonation of the 2-year delay, and grant of the Legal Heirship Certificate to the Petitioner Farida Amirali Surani alongwith Mr. Naushad Amirali Surani, Jasmin Amirali Surani and Soheil Amirali Surani, declaring them the legal heirs and legal representatives of the deceased under the provision of Bombay Regulation Act VIII of 1827; surety of the non-consenting legal heirs and issuance of proclamation dispensed with; Administration Bond with affidavit to be filed as required by the Department; certificate to be issued within 3 weeks from removal of office objections.

Issue for consideration

Whether the Legal Heirship Certificate may be granted to the Petitioner and the three named legal heirs, declaring them the legal heirs and legal representatives of the deceased under Bombay Regulation Act VIII of 1827, where the Grant is sought in the names of all four legal heirs although the consent of the other son and of one married daughter is not appended. +1 more

Court's answer

Where the Grant is sought in the names of all four legal heirs, there can be no impediment in allowing the Petition; the Misc. Petition is accordingly allowed and disposed of in terms of prayer clauses (a) and (b), namely condonation of the 2-year delay and grant of the Legal Heirship Certificate to the Petitioner together with Mr. Naushad Amirali Surani, Jasmin Amirali Surani and Soheil Amirali Surani as declared legal heirs and legal representatives of the deceased.

Ratio / Principle

The necessity of giving surety of the non-consenting legal heirs stands dispensed with in view of the facts stated; nevertheless, the Petitioner is directed to file an appropriate Administration Bond along with affidavit as required by the Department to justify surety of the non-consenting legal heirs.

Key takeaways

Issuance of proclamation stands dispensed with, service on the non-consenting legal heirs having been effected through the bailiffs' office with the returned packets bearing the remark 'unclaimed'.ratio¶22
The Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks positively.ratio¶23
The Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith, and the 3-week period for issuance of the certificate shall run from the date of removal of the office objections.ratio

Detailed headnote1 paragraphs

Bench of one Judge of the Bombay High Court (Testamentary and Intestate Jurisdiction), Justice Milind N. Jadhav, allowed and disposed of Misc. Petition No. 507 of 2025, filed by Farida Amirali Surani, wife of the deceased Amirali Mohamedali Surani, for issuance of a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of his properties and credits. One son had consented, but the consent of the other son and of one married daughter was not appended; service on the non-consenting legal heirs had been effected through the bailiffs' office with the returned packets bearing the remark 'unclaimed', upon which issuance of any further proclamation stood dispensed with. The Court dispensed with the necessity of giving surety for the non-consenting legal heirs while directing the Petitioner to file an appropriate Administration Bond along with affidavit as required by the Department. Holding that where the Grant was sought in the names of all four legal heirs there could be 'no impediment' in allowing the Petition, the Petition was allowed and disposed of in terms of prayer clauses (a) (condonation of a delay of 2 years) and (b) (grant of the Legal Heirship Certificate to the Petitioner alongwith Mr. Naushad Amirali Surani, Jasmin Amirali Surani and Soheil Amirali Surani, declaring them the legal heirs and legal representatives of the deceased). The Department was directed to issue the certificate within 3 weeks, that period to commence from the date of removal of office objections. Judgment dated 19 November 2025.

50. MPT-507-25.docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISC. PETITION NO. 507 OF 2025

Amirali Mohamedali Surani

.. Deceased

Farida Amirali Surani .. Petitioner

Ms. Shobhana Waghmare, Advocate for Petitioner

CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 19, 2025

P. C.:

1. Heard Ms. Waghmare, learned Advocate for Petitioner.

2. Directions contained in twin orders dated 20.09.2025 and

03.11.2025 stand complied with. Appropriate affidavit of service dated 10.11.2025 has been filed by Ms. Waghmare, inter alia, intimating service on the non-consenting legal heirs through the bailiffs' office and packets have been returned back with remark "unclaimed". Issuance of any further proclamation therefore stands dispensed with.

3. Present Misc. Petition is filed by Petitioner for issuance of Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of deceased abovenamed. It is filed by wife. One of the son of Petitioner has given his consent. Consent of the other son and one married daughter is not appended.

1 of 3

50. MPT-507-25.docx

Necessity in that regard for giving surety of non-consenting legal heirs in view of the above facts which are stated stands dispensed with. Petitioner is directed to file appropriate Administration Bond along with affidavit as required by Department to justify surety of the nonconsenting legal heirs.

4. Considering the reliefs prayed for in Petition where Grant is sought in the names of all four legal heirs, there can be no impediment in allowing the Petition. Hence, Misc. Petition is allowed and disposed of in terms of prayer clauses (a) and (b) which read thus:-

"(a) Delay of 2 years be condoned;

(b) That That the Legal Heirship Certificate may be granted to Petitioner alongwith Mr. Naushad Amirali Surani, Jasmin Amirali Surani And Soheil Amirali Surani all being the legal heirs and they all be declared as legal heirs and legal representatives of the deceased, under the provision of Bombay Regulation Act VIII of 1827"

5. Issuance of proclamation stands dispensed with.

6. Department is directed to issue the legal heirship certificate as directed above within a period of 3 weeks from today positively.

7. Misc. Petition is allowed and disposed subject to compliance of office objections, if any, forthwith which shall be allowed by the Department. It is clarified that the 3 week period shall start from the date of removal of office objections.

2 of 3

50. MPT-507-25.docx

Misc. Petition is allowed and disposed.

Amberkar

[ MILIND N. JADHAV, J. ]

Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date: 2025.11.19 18:25:13 +0530

3 of 3