Firoz Iqbal Kasam Sayyed v. Iqbal Kasam Sayyed (Deceased)

902-MPT55-18.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 55 OF 2018 Iqbal Kasam Sayyed ...Deceased Firoz Iqbal Kasam Sayyed

...Petitioner

Mr SU Lakadawala, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

14th June 2018 PC:- 1.

Accepted. The Petitioner is the son of the deceased. All the legal heirs have consented (page 18 to 19). In view thereof proclamation is 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 Iqbal Kasam Sayyed, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 28th April 2014. 3.

At the time of his death the deceased lived permanently at Shivaji Nagar, Plot No. 17, Room No.1, T-Line, Govandi, Mumbai 14th June 2018

902-MPT55-18.DOC 400 043. He left property within Mumbai including his service dues and other entitlements.

4.

The deceased was survived by five heirs whose names are mentioned in the table below paragraph 4, i.e., his widow, two sons and two daughters. His parents died before him. These are the only heirs.

5.

During his lifetime, the deceased was employed with the Municipal Corporation of Greater Mumbai. The Legal Heirship Certificate is required to enable the Petitioner to apply for employment on compassionate grounds.

6.

No other Petition for a heirship certificate, probate or letters of administration with or without will annexed has been filed. There is no impediment to the grant of relief.

7.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Mrs Sakinabi Iqbal Sayyed, Mr Firoz Iqbal Sayyed, Mr Mushtak Iqbal Sayyed, Mrs Shabana Imtiyaz Shaikh and Mrs Nilofer Iqbal Sayyed.

8.

The Heirship certificate will be issued expeditiously. 9.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 14th June 2018