Mohammad Yasin Noor Shaikh v. Noor Mohamed Shaikh Alias Noor Mohamed Jushabbhai (Deceased)
916-MPT75-18.DOC Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 75 OF 2018 Noor Mohamed Shaikh Alias Noor Mohamed Jushabbhai ...Deceased Mohammad Yasin Noor Shaikh
...Petitioner
Mr R Shaikh, for the Petitioner.
CORAM: G.S. PATEL, J DATED:
28th June 2018 PC:- 1.
Accepted. The Petitioner is the son of the deceased. The other legal heir is his mother. She has consented. Hence, proclamation dispensed with. 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 Noor Mohamed Shaikh Alias Noor Mohamed Jushabbhai, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 3rd May 1995. A copy of his death certificate is annexed. 3.
During his life time the deceased lived at 77-D, Chimbai Koliwada, Bandra, Mumbai 400 050.
28th June 2018
916-MPT75-18.DOC 4.
The deceased was survived by his widow, Zeenat Noor Mohammad Shaikh, who has consented, and his son, the Petitioner. The deceased's parents and grandparents died before him. There are no other heirs.
5.
The deceased was a co-owner of an immovable property in Gujarat as also a plot of land in the District Navsari. 6.
The Legal Heirship Certificate is required for presentation to the Revenue Authorities in regard to the making the necessary changes in the Revenue and Land Records.
7.
All the heirs have granted consent. 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.
8.
The petition is made absolute in terms of prayer clause (a) in favour of the heirs.
9.
Certificate be issued expeditiously. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J) 28th June 2018