Rana Siraj Ahmed Shaikh v. Siraj Ahmed @ Siraj Ahmed Mohammed Idris @ Siraj Ahmed Shaikh - Deceased
15-MPT-20-2021.DOCX Ashwini
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 20 OF 2021 Rana Siraj Ahmed Shaikh
...Petitioner
And Siraj Ahmed alias Siraj Ahmed Mohammed Idris alias Siraj Ahmed Shaikh ...Defendant Mr Prabhu Velar, for the Petitioner.
CORAM:
G.S. PATEL, J DATED:
10th February 2021 PC:- 1.
Accepted. Proclamation is dispensed with.
Atul G.
Kulkarni 2.
The Petition is under Section 2 of the Bombay Regulation VIII by Atul G.
Kulkarni Date: 2021.02.11 10:59:48 +0530 of 1827. It seeks an Heirship Certificate in respect of one Siraj Ahmed alias Siraj Ahmed Mohammed Idris alias Siraj Ahmed Shaikh. He died in Mumbai, where he was an ordinarily resident, on 29th August 2017. A copy of his Death Certificate is annexed. 3.
No Will of the deceased is found.
4.
The deceased was survived by the seven heirs shown in the table below paragraph 4. All are governed by a Sunni Muslim Law. 10th February 2021
15-MPT-20-2021.DOCX 5.
The heirs are the widow, four sons, and two minor daughters. 6.
The Petitioner is the widow. The adult heirs have filed consent affidavits. The mother herself has filed a consent affidavit on behalf of the two minors, in her capacity as their mother and natural guardian.
7.
The legal Heirship Certificate is required for production before certain authorities to transfer a saw-mill license which stood in the name of the deceased.
8.
No other Petition for an Heirship Certificate, Succession Certificate, Probate, or Letters of Administration with or without Will annexed has been filed. There is no impediment to the grant of relief.
9.
The prayer seeks a condonation of delay and a waiver of the justifying surety of the two minor daughters. In view of the consent, I will allow the petition in its entirety.
10.
It is made absolute in terms of prayer clauses (a), (b), and (c). 11.
copy of this order.
(G. S. PATEL, J) 10th February 2021