Noorullah Salamatullah Shaikh v. Imran Ali Noorullha Shaikh (Deceased)

20-MPT128-16.DOC SHEPHALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 128 OF 2016 Noorullah Salamatullah Shaikh

...Petitioner

And Imran Ali Noorullah Shaikh ...Deceased Mr. Nishant V. Gupta, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

14th December 2016 PC:- 1.

Accepted. The Petition is filed by the father of the deceased. His widow has consented. The only other heirs are two minor daughters. Hence, issuance of proclamation is dispensed with. The Miscellaneous Petition is made returnable forthwith and taken up for hearing and final disposal.

2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Imran Ali Noorullah Shaikh, who is said to have died in Qatar on 10th October 2013. During his lifetime, he was ordinarily resident at 7/A, Hazi Namdar Chawl, Kuresh Nagar, Kurla (East), Mumbai 400 070. 14th December 2016

20-MPT128-16.DOC 3.

The deceased was survived by the Petitioner, his father; Sajida Imran Ali Shaikh, his widow; and two minor daughters, Arshiya and Aaisha. The names of the heirs are listed below paragraph 4.

4.

Sajida has filed an Affidavit dated 13th December 2016 explaining that she requires the Legal Heirship Certificate in the name of her father-in-law, herself and the two minor children, in order to establish their rights as legal heirs of the deceased. 5.

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.

6.

The Petition is made absolute in terms of prayer clause (a) in favour of the persons whose names are mentioned in a tabulation below paragraph 4, viz., Noorullah Salamtullah Shaikh, Sajida Imran Ali Shaikh, Arshiya Imran Ali Shaikh and Aaisha Imran Ali Shaikh. 7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 14th December 2016