Sugrabi @ Sugrabee Usman Patel v. Usman Sajjan Patel (Deceased)

26-MPT-143-2016-.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 143 of 2016 Usman Sajjan Patel ...Deceased And Sugrabi alias Sugrabee Usman Patel

...Petitioner

Mrs. Sunita Santosh Gaonkar, for Petitioner.

CORAM: G.S. PATEL, J DATED:

13th December 2016 PC:- 1.

Accepted. The Petitioner is the one of the heirs of the deceased. The other heirs have consented. Hence, issuance of proclamation is dispensed with. Miscellaneous Petition is returnable forthwith and 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 Usman Sajjan Patel, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 27th May 2014. A copy of his death certificate is annexed.

3.

The deceased was survived by his widow, three sons and a daughter. Their names are mentioned in the tabulation below 13th December 2016

26-MPT-143-2016-.DOC paragraph 4 of the Petition. The other heirs have consented to the grant of the Legal Heirship Certificate.

4.

During his lifetime, the deceased carried on business in the name and style of M/s Agasti Fire Works, for which he had Fire Cracker and Explosive License No. 372/LE-5 in respect of licensed premises at 13, Chandra Nagar, Opp. Dream Mall, LBS Marg, Bhandup (W), Mumbai 400 078. The Legal Heirship Certificate is needed for a transfer of that license.

5.

No other Petition for an 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.

6.

The petition is made absolute in terms of prayer clause (a) in favour of the persons mentioned in the table below paragraph 4, namely, Sugrabi alias Sugrabee Usman Patel, Shoukat Usman Patel, Kajal Aslam Shaikh, Iniyat Usman Patel and Arshad Usman Patel.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J.) 13th December 2016