Rashida Bibi Alimiyan Sarang v. Alimiyan Abdul Rehman Sarang (Deceased)

Bombay HC15 Jan 2025MPT/627/2024

Case brief

AI extract

What is this about?

Rashida Bibi Alimiyan Sarang; Alimiyan Abdul Rehman Sarang (deceased 7 August 2023, Mumbai, intestate); Legal Heirship Certificate; Section 2, Bombay Regulation VIII of 1827; Muslim Personal Law; sole heir and next of kin; Bombay High Court Testamentary and Intestate Jurisdiction; Miscellaneous Petition No. 627 of 2024; 36-MPT-627-2024; Arif S. Doctor; decision dated 15 January 2025; petition allowed; certificate issued by Registry; no costs.

What did the court decide?

Grant of a Legal Heirship Certificate in terms of prayer clause (a), certifying the Petitioner (Rashida Bibi Alimiyan Sarang) as recognized legal heir and representative of the deceased; Registry directed to issue the certificate in the standard format subject to office requisitions; petition thereafter disposed of with no order as to costs. ¶¶18

Rashida Bibi Alimiyan Sarang vs Alimiyan Abdul Rehman Sarang (Deceased) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a Legal Heirship Certificate should issue under Section 2 of the Bombay Regulation VIII of 1827 in favour of the Petitioner, stated to be the sole heir and next of kin (per Muslim Personal Law) of Alimiyan Abdul Rehman Sarang, who died at Mumbai on 7th August, 2023, no Will having been found and the deceased therefore assumed to have died intestate.

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Court's answer

Since no other Petition for a Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration (with or without Will annexed) has been filed, there is no impediment in law to the grant of relief.

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Ratio / Principle

Having heard the learned Counsel for the Petitioner and perused the Petition, the Court found it to be in order and deserving of allowance in the interest of justice.

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Key takeaways

The Miscellaneous Petition is allowed in terms of prayer clause (a), under which the Court issues the Legal Heirship Certificate certifying Rashida Bibi Alimiyan Sarang as recognized legal heir and representative of the deceased.ratio¶¶18
The Registry is directed to issue the Legal Heirship Certificate in the standard format prescribed for the same, subject to compliance with all office requisitions.ratio¶¶20

Detailed headnote1 paragraphs

Legal Heirship Certificate — Testamentary and Intestate Jurisdiction, High Court of Judicature at Bombay — Miscellaneous Petition No. 627 of 2024, decided 15 January 2025 (Arif S. Doctor, J.) — Petitioner Rashida Bibi Alimiyan Sarang, stated to be the sole heir and next of kin of Alimiyan Abdul Rehman Sarang under Muslim Personal Law; the deceased died at Mumbai on 7th August, 2023, no Will was found despite due and diligent search, and he was therefore assumed to have died intestate — Certificate sought under Section 2 of the Bombay Regulation VIII of 1827 — Registry verified the Petition and confirmed no competing Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration; hence no impediment in law — Petition found in order and allowed in terms of prayer clause (a) certifying the Petitioner as recognized legal heir and representative of the deceased — Registry directed to issue the certificate in the standard format subject to office requisitions — disposed of without costs.

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Digitally signed by MULEY MULEYSHUBHAMPRAVINRAO SHUBHAMPRAVINRAODate:2025.01.15 18:22:16 +0530

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1 36-MPT-627-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 627 OF 2024

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Rashida Bibi Alimiyan Sarang

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...Petitioner

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Alimiyan Abdul Rehman Sarang ...Deceased

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Mr. Hamid Ansari a/w Afsha Khan i/by Aaliya Sameer Shaikh for the Petitioner.

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CORAM : ARIF S. DOCTOR, J. DATE : 15TH JANUARY, 2025

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P.C.:-

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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 Alimiyan Abdul Rehman Sarang (‘the deceased’), who died in Mumbai on 7th August, 2023. 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.

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The Petitioner is the sole heir and next of kin of the deceased according to Muslim Personal Law.

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The reason for which the Legal Heirship Certificate is required is set out in paragraph 5 of the Miscellaneous Petition.

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Shubham

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2 36-MPT-627-2024.doc

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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.

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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.

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

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“ a. This Hon’ble Court may issue the Legal Heirship Certificate thereby certifying the Petitioner i.e., Rashida Bibi Alimiyan Sarang as the mentioned in the Petition as recognized legal heir and representative of the deceased.”

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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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The Miscellaneous Petition is accordingly disposed of. There shall be no order as to costs.

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(ARIF S. DOCTOR, J.)

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Shubham

Rashida Bibi Alimiyan Sarang v. Alimiyan Abdul Rehman Sarang (Deceased)

Case brief

What is this about?

What did the court decide?

Rashida Bibi Alimiyan Sarang v. Alimiyan Abdul Rehman Sarang (Deceased)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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