Shamshad Asif Dupare v. Asif Yunus Dupare (Deceased)

29-MPT NO.8-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.8 OF 2016 Asif Yunus Dupare ...Deceased And Shamshad Asif Dupare

...Petitioner

Mr. R.D. Kamble, for the Petitioner.

CORAM:

G.S. PATEL, J.

DATED:

21st March 2016 P.C.

1.

The Petitioner seeks a Heirship Certificate under Section 2 of the Bombay Regulation Act VIII of 1827 in respect of one Asif Yunus Dupare, who died intestate in Mumbai, where he was ordinarily resident, on 27th March 2015. A copy of his death certificate is annexed.

2.

During his life time the deceased worked with MHADA. The Petition is filed to enable the heirs of the deceased set out in paragraph 6 to obtain the service benefits to which the deceased was entitled and also to apply for employment in service on compassionate grounds.

3.

Proclamation having been dispensed with and there being no other Petition or application seeking representation to the estate,

29-MPT NO.8-2016.DOC and since this Court has jurisdiction, there is no impediment to the grant of relief. The Petition is made absolute in terms of prayer (a) which reads:

"a) That the Legal Heirship Certificate thereby certifying the Petitioner Shamshad Asif Dupare, her minor daughter Afreen Asif Dupare and minor son Ayaz Asif Dupare as recognized Legal Heirs and Representatives of the deceased be granted to the Petitioner."

4.

All concerned to act upon an authenticated copy of this order.

(G. S. PATEL, J.)