Jamil Jalil Shaikh v. Jalil Ahmad Ajadali Shaikh (Deceased)

mpt78-17.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.78 OF 2017 Jamil Jalil Shaikh

...Petitioner

Jalil Ahmad Ajadali Shaikh ....Deceased ....

Ms. Pornima K. Kaluse, for the Petitioner.

....

CORAM : S.C. GUPTE, J.

DATED: 7 NOVEMBER, 2017 P.C. :

.

The Miscellaneous Petition seeks legal heirship certificate under Section 2 of the Bombay Regulation VIII of 1827. The Petitioner is the son of the deceased Jalil Ahmed Ajadali Shaikh. He claims to be the only legal heir and next of kin of the deceased according to the Mohammedan Law applicable to Sunni Muslims, by which the deceased is governed. The present application is made in pursuance of a requisition made by Maharashtra Housing and Area Development Authority (MHADA) for transferring the title of the room held by the deceased in a building owned by MHADA. The petition was accepted and a proclamation was issued. The proclamation was duly displayed on the notice board of this Court. The Petitioner has filed an affidavit proving service of the proclamation. There is no response from anyone objecting to the legal heirship certificate applied for by the Petitioner herein.

Pg 1 of 2

mpt78-17.doc 2.

The death certificate of the deceased is annexed to the petition. Also annexed is the death certificate of Sakinabee Abdul Jalil, widow of the deceased Jalil Ahmad Ajadali Shaikh. 3.

Based on the averments made in the petition and documents produced therewith, this Court is satisfied as to the legality of the Petitioner's claim to the legal heirship of the deceased. 4.

Accordingly, the Miscellaneous Petition is allowed in terms of prayer clause (a).

5.

All parties, including MHADA, to act on the authenticated copy of this order.

( S.C. GUPTE, J. ) Pg 2 of 2