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Bombay High CourtMPT/147/2016disposed off

Mujahid Isa Khan v. Ksa Khan Dawood Khan Alias Abdul Kadir Dawood Khan(Deceased)

2016-12-21Hon'Ble Shri Justice G.S. Patel2 pages

936-MPT147-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 147 OF 2016 Mujahid Isa Khan

...Petitioner

And Isa Khan Dawood Khan Alias Abdul Kadir Dawood ...Deceased Mr. S.U. Lakdawala, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

21st December 2016 PC:- 1.

Accepted. All the heirs have consented. The proclamation is dispensed with. The Petition is made returnable forthwith and is 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 Isa Khan Dawood Khana, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 13th January 2014. A copy of his death certificate is annexed. The deceased was survived by the heirs whose names are mentioned in the tabulation below paragraph 4 of the petition. The deceased's parents' died before him. He had no other heirs.

21st December 2016

936-MPT147-16.DOC 3.

During his lifetime, the deceased lived at Room No. 158, Jaikar Wadi, Karmveer D.G. Nagar CHS, S.M. Road, Antop Hill, Mumbai 400 037. During his lifetime, the deceased was having a stall bearing License No. 795385298 (Old License No. 16330) in Mumbai issued by the Brihanmumbai Mahanagar Palika F/North Ward, Municipal Corporation of Greater Mumbai. The Legal Heirship Certificate is required for transfer of that license. 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) in favour of the persons mentioned in the table below paragraph 4, namely, Mrs. Shama Isa Khan, Mr. Mujahid Isa Khan and Mr. Mohsin Isa Khan.

6.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 21st December 2016