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Bombay High CourtMPT/7/2018disposed off

Muheb Ur Rehman Mohammed Rafiq Khan v. Mohammed Rafique Khan Alias Mohamed Rafiq Khan Alias Mohamed Rafique (Deceased)

2018-03-01Hon'Ble Shri Justice G.S. Patel2 pages

107-MPT7-18.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO. 7 OF 2018 Mohammed Rafique Khan Ali Alias Mohamed Rafiq Khan Ali Alias Mohamed Rafique ...Deceased And Muheb Ur Rehman Mohammed Rafiq Khan

...Petitioner

Mr Drasti Jani, i/b AAK Legal, for the Petitioner.

CORAM: G.S. PATEL, J DATED:

1st March 2018 PC:- 1.

Accepted. The Petitioner is the only legal heir. Hence, issuance of proclamation dispensed with. The Petition is made 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 Mohammed Rafique Khan Ali Alias Mohamed Rafiq Khan Ali Alias Mohamed Rafique alias Mohammad Rafiq Khan, who is said to have died intestate in Mumbai, where he was ordinarily resident, on 28th July 2016. A copy of his death certificate is annexed. 3.

The deceased was survived by his only son. His wife predeceased him.

1st March 2018

107-MPT7-18.DOC 4.

The Legal Heirship Certificate is required in respect of certain movable and immovable properties.

5.

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.

6.

The petition is made absolute in terms of prayer clause (a) in favour of the Petitioner, Muheb Ur Rehman Mohammed Rafiq Khan.

7.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 1st March 2018