Gausiya Bano Rashid Shaikh v. Mohammed Rashid Mohammed Yusuf Shaikh (Deceased)

28-MPT-71-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.71 OF 2015 Gausiya Bano Rashid Shaikh

...Petitioner

And Mohammed Rashid Mohammed Yusuf Shaikh ...Deceased Mr. Ravi Thumbre, a/w Mr. Umashankar Upadhyay , for the Petitioner.

CORAM: G.S. PATEL, J DATED:

20th June 2016 PC:- 1.

The Petition was accepted and proclamation has been dispensed with by an order dated 3rd August 2015. 2.

The Petitioner seeks a Legal Heirship Certificate under Section 2 of Bombay Regulation VIII of 1827 in respect of one Mohammed Rashid Mohammed Shaikh, who is said to have died intestate in Mumbai, where he was ordinary resident, on 22nd August 2014. During his lifetime, the deceased lived at Mehaboob Chawl, Narayan Nagar, Near Union Bank, Ghatkopar (West), Mumbai 400 086. A copy of his death certificate is annexed. The deceased was survived by the persons whose names are mentioned in the tabulation below paragraph 4 of the petition. 20th June 2016

28-MPT-71-15.DOC 3.

The Legal Heirship Certificate is required for submission to the Grocery and Shops Board, Turbhe, Navi Mumbai. 4.

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.

5.

The petition is made absolute in terms of prayer clause (a), which reads thus:

"(a)The Legal Heirship Certificate thereby certifying the Petitioner along with legal heirs mentioned in para 4 as the recog0nized legal heirs of the Deceased, be granted to the Petitioner."

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 20th June 2016