Iqbal Kadarbhai Sham v. Ateka Kadar Sham (Deceased)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 183 OF 2021 Iqbal Kadarbhai Sham ...
Petitioner And Ateka Kadar Sham ... Deceased Mr. Nazish Sayed i/b CNH and Associates for the Petitioner. CORAM : R.I. CHAGLA, J.
DATED : 17th NOVEMBER, 2022.
ORDER :
By the present Petition, the Petitioner seeks a Legal Heirship Certificate under Section 2 of the Bombay Regulation Act VIII of 1827 in respect of the deceased Ateka Kadar Sham who expired at Mumbai on 25.12.2019. A copy of the death certificate is at Exhibit-A to the Petition. The deceased was survived by the Petitioner who is the son of the deceased and one married daughter of the deceased. The particulars of the surviving legal heirs of the deceased are mentioned in the tabular form at paragraph 4 of the Petition. Save and except these Legal Heirs, there are no other legal heirs surviving of the deceased. 1/3
It is stated in paragraphs 7 and 8 of the Petition that the deceased during her lifetime owned equity shares of Reliance Industries Limited in physical form, the particulars are mentioned in paragraph 7 thereof. Legal Heirship Certificate is required as mentioned in paragraph 8 of the Petition, for submitting the same to either M/s. KFin Technologies Private Limited i.e. the registered transfer agent of the Company and/or the Company directly i.e. Reliance Industries Limited, for the purpose of transferring the said shares held by the deceased in the Company, in favour of the Petitioner.
The other legal heir of the deceased, namely the married daughter of the deceased, has filed consent affidavit dated 14.10.2021 giving her full and free consent for the Legal Heirship Certificate to be granted in favour of the Petitioner without service of proclamation of the proceedings upon her and/or justifying the surety for her shares, if any, in the estate of the deceased.
No other Petition for legal heirship certificate, succession certificate, probate or letters of administration with or without will annexed has been filed. Therefore, I do not find any impediment in granting the relief sought for in the present Petition. 2/3
The Petition is accepted and made absolute in terms of prayer clause (a), which reads thus:- "(a) "This Hon'ble Court be pleased to issue a Legal Heirship Certificate to the Petitioner under the provisions of Bombay Regulation VIII of 1827 certifying that the Petitioner alongwith heirs mentioned in para no.4. herein above are the only heirs and legal representative of the Deceased;"
Proclamation is dispensed with.
Miscellaneous Petition is accordingly disposed of.No order as to costs.
Digitally signed by WAISHALI SUSHIL WAGHMARE Date:
2022.11.29 17:33:10 +0530 (R.I. CHAGLA, J.) WAISHALI SUSHIL WAGHMARE 3/3