Shamsuddin Sultanli Khetani v. Sultanali Mohanali Khetani (Deceased)

5_MPT383_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.383 OF 2023 Shamsuddin Sultanali Khetani ...

Petitioner Sultanali Mohanali Khetani ...

Deceased Mr. Jiten N. Bhardwaj for Petitioner.

CORAM : MANISH PITALE, J.

DATE : NOVEMBER 2, 2023 P.C. :

.

Heard learned counsel for the petitioner.

2.

By this petition filed under the provisions of the Bombay Regulation Act VIII of 1926, the petitioner is seeking issuance of legal heirship certificate. The deceased was the father of the petitioner, who died on 21.05.2021 at Mumbai. Copy of the death certificate is placed on record. At the time of his death, the deceased had a fixed place of abode at Flat No.H-303, Green Park, Usha Darshan Development Co-operative Housing Society Limited, Off. Link Road, Oshiwara, Andheri (W), Mumbai - 400 053. It is stated that the deceased died intestate, without leaving behind any Will.

3.

It is stated in paragraph 4 that the petitioner is the only surviving legal heir being the son of the deceased. The wife and daughter of the deceased predeceased him and copies of their death certificates are also placed on record. It is also stated that the grand parents had already died at the time of death of the deceased.

4.

The details of the properties left behind by the deceased are also given in the petition, and therefore, in that context, the present petition is by MINAL SANDIP PARAB Date:

2023.11.03 10:20:07 +0530 MINAL SANDIP PARAB filed.

1/2

5_MPT383_23.doc 5.

In view of the material brought to the notice of this Court, the petition is accepted and proclamation is dispensed with. In the interest of justice, the petition is allowed in terms of prayer clause (a), which reads as follows:- "a) That this Hon'ble Court be pleased to grant and issue a Legal Heirship Certificate, certifying that the petitioner viz. Shamsuddin Sultanali Khetani, being son of the deceased be recognized as the only legal heir and legal representative of the deceased, under the provisions of the Bombay Regulation VIII of 1827."

6.

The department to proceed expeditiously in the matter. (MANISH PITALE, J.) Minal Parab 2/2