Rukhsana Parvez Shaikh v. Parvez Abdullah Shaikh (Deceased)

31_MPT_435_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS TESTAMENTARY PETITION NO. 435 OF 2023 Parvez Abdulla Shaikh ...

Deceased Rukhsana Parvez Shaikh ...

Petitioner Mr. Yogesh Panchal for petitioner.

CORAM : MANISH PITALE, J.

DATE :

15th DECEMBER, 2023 P.C. :

.

Heard learned counsel for the petitioner. By this petition filed under Bombay Regulation VIII of 1827, the petitioner is seeking issuance of legal heirship certificate in favour of the surviving legal heirs of the deceased. The petitioner is the widow of the deceased.

2.

The deceased expired at Thane on 03.02.2023. Copy of death certificate is annexed at Exhibit A to the petition. 3.

It is specifically stated that although the deceased died at Thane, he was permanent resident of Flat No.401, C Wing, Rizvi CHS Ltd., S. V. Road, Santacruz (West), Mumbai-400054. It is further specifically stated that the deceased died intestate without executing any will. 4.

The petitioner, at paragraph No.4 of the petition, has given details of the surviving legal heirs of the deceased, which include the petitioner (widow) and two minor children (son and daughter). Digitally signed by PRIYA KAMBLI Date:

2023.12.18 14:04:18 +0530 PRIYA KAMBLI 1/2

31_MPT_435_23.doc 5.

It is stated in the petition that the legal heirship certificate is required for transfer of properties in favour of the surviving legal heirs of the deceased.

6.

Having perused the material brought to the notice of this Court, the petition is accepted and proclamation is dispensed with. 7.

In the interest of justice, the petition is allowed in terms of prayer clause (a), which reads as follows:

"(a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827, certifying that petitioner, alongwith the heirs mentioned in Para 4, are the only heirs and legal representatives of the said deceased."

8.

Department is directed to expedite the issuance of legal heirship certificate.

(MANISH PITALE, J.) Priya Kambli 2/2