Allowed¶14

Khiraad Noshir Khambatta v. Noshir Phiroze Khambatta

Bombay HC6 Mar 2026MPT/247/2026

Case brief

AI extract

What is this about?

Legal heirship certificate; Section 2, Bombay Regulation VIII of 1827; sole legal heir; Testamentary & Intestate Jurisdiction; Bombay High Court; Misc. Petition No. 247 of 2026; deceased Noshir Phiroze Khambatta; Petitioner Khiraad Noshir Khambatta; proclamation dispensed with; certificate directed to be issued within 3 weeks; subject to office objections; Coram: Milind N. Jadhav, J.; decided 06 March 2026; advocates: Pravichand Gole with Rahul Singh for Petitioner.

What did the court decide?

Legal heirship certificate to be issued under Section 2 of Bombay Regulation VIII of 1827 certifying Petitioner Khiraad Noshir Khambatta as the only heir and legal representative of the deceased; proclamation dispensed with; Department directed to issue the certificate within 3 weeks; subject to compliance of office objections, if any. ¶14

Khiraad Noshir Khambatta vs Noshir Phiroze Khambatta — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether a legal heirship certificate should be issued to the Petitioner under Section 2 of Bombay Regulation VIII of 1827 in respect of the properties and credits of the deceased Noshir Phiroze Khambatta, certifying the Petitioner as his sole legal heir.

¶12

Court's answer

The Petitioner is the sole legal heir of the deceased Noshir Phiroze Khambatta.

¶13

Ratio / Principle

There being no impediment, the Miscellaneous Petition is allowed and disposed of in terms of prayer clause (a), i.e., issuance of a legal heirship certificate certifying the Petitioner as the only heir and legal representative of the deceased under the Bombay Regulation Act VIII of 1827.

¶14

Key takeaways

Issuance of proclamation stands dispensed with.ratio¶19
The Department is directed to issue the legal heirship certificate within a period of 3 weeks from the date of the order.ratio¶21
The Petition is allowed and disposed of subject to compliance of office objections, if any, which shall be allowed by the Department.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court (Testamentary & Intestate Jurisdiction) allowed Miscellaneous Petition No. 247 of 2026 filed under Section 2 of Bombay Regulation VIII of 1827 seeking issuance of a legal heirship certificate in respect of the properties and credits of deceased Noshir Phiroze Khambatta. The Court recorded that the Petitioner, Khiraad Noshir Khambatta, is the sole legal heir of the deceased and found no impediment in allowing the Petition. The Petition was allowed and disposed of in terms of prayer clause (a), seeking certification of the Petitioner as the only heir and legal representative of the deceased. Issuance of proclamation was dispensed with, and the Department was directed to issue the legal heirship certificate within three weeks, subject to compliance of office objections, if any.

Khiraad Noshir Khambatta v. Noshir Phiroze Khambatta

Case brief

What is this about?

What did the court decide?

Khiraad Noshir Khambatta v. Noshir Phiroze Khambatta

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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