Mehernosh Homi Poonawalla v. Homi Jamshedji Poonawala (Deceased)

77-MPT72-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 72 OF 2017 Homi J Poonawala ...Deceased And Mehernosh H Poonawala

...Petitioner

None for the Petitioner.

CORAM: G.S. PATEL, J DATED:

1st March 2018 PC:- 1.

Accepted. The Petitioner is the only heir. Hence, issuance of proclamation dispensed with. The previous order dated 14th September 2017 directing that a notice be issued is recalled. There is nobody to whom a notice needs to be given. The 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 Homi J Poonawala, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 31st January 2005. A copy of his death certificate is annexed. the deceased have no heirs except the Petitioner who is the only son of the deceased. The deceased's wife died on 27th October 1997.

1st March 2018

77-MPT72-17.DOC 3.

The Legal Heirship Certificate is required for production before the authorities in respect of share holdings. 4.

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.

5.

The petition is made absolute in terms of prayer clause (a) in favour of the Petitioner, Mehernosh Homi Poonawala. 6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 1st March 2018