Cyrus Phiroze Driver v. Phiroze Driver Alias Phiroze Jamshedji Driver (Deceased)

921-MPT11-20.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 11 OF 2020 Cyrus Phiroze Driver

...Petitioner

Versus

Phiroze Driver alias Phiroze Jamshedji Driver ...Deceased Ms Komal Kandharkar, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

12th March 2020 PC:- 1.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Phiroze Driver alias Phiroze Jamshedji Driver ("Phiroze"), who is said to have died intestate in Mumbai, where he was ordinarily resident, on 23rd November 2016. A copy of his death certificate is annexed. Phiroze's wife and parents died before him. Phiroze's wife died on 20th August 2009. Her death certificate is annexed to this Petition. Phiroze was survived by his daughter and son. The son is the Petitioner. Their names are mentioned in the tabulation below paragraph 4 of the petition.

12th March 2020

921-MPT11-20.DOC 2.

The Legal Heirship Certificate is required to submit to the government bodies as well as semi-government bodies to enter the name of the legal heirs in their records.

3.

The other heir, the daughter, has consented. No other Petition for a 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. 4.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Tinaz Sohrab Vevaina and Cyrus Phiroze Driver. 5.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 12th March 2020