Shamim Banu Firoz Mohammed Tanwar v. Firoz Mohammed Yasin Tanwar (Deceased)
Digitally signed by MUGDHA M PARANJAPE Date:
2022.12.05 17:51:32 +0530 MUGDHA M PARANJAPE 1 23-MPT 140-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION MISCELLANEOUS PETITION NO.140 OF 2022 Firoz Mohammed Yasin Tanwar ... Deceased Shamim Banu Firoz Mohammed Tanwar ... Petitioner ----- Mr. Pravin V. Kamble for the Petitioner.
----- CORAM :
ARIF S. DOCTOR, J.
DATE :
05TH DECEMBER 2022 P.C. :
1.
The Petitioner seeks the grant of a Legal Heirship Certificate under the provisions of Section 2 of the Bombay Regulation VIII of 1827 in respect of deceased Firoz Mohammed Yasin Tanwar ('the said deceased'), who is said to have died intestate on 13/01/2021. A copy of the death certificate of Firoz Mohammed Yasin Tanwar is also annexed to the Miscellaneous Petition. The said deceased is stated to have been the resident of Mumbai. 2.
The Legal Heirship Certificate is required for the purpose of producing the same before Company, viz., E-Factor Entertainment (P) Limited, having corporate office at A-49, Sector-67, Noida (UP) - 201 301 and registered office at 101-A, Kundan Kutir, Hari Nagar, Ashram, New Delhi - 110
2 23-MPT 140-22.doc 014, in order to receive the balance amount of Rs.7,33,565/- towards the service dues of the said deceased. The said deceased left behind him surviving as his only heirs and next of kin according to Muslim Personal Law (Shariat) Application Act, 1937, by which he was governed the following persons, who are residing at the following address :- Sr.
Name and address of the legal heirs of the deceased Age Relationship with No.
deceased 1.
Shamim Banu Firoz Mohammed Tanwar Widow of the deceased and the Flat No.C/803, Aaradhya One, Pestom Sagar Road Petitioner herein.
No.1, G. M. Road, Near H. P. Petrol Pump, Amar Mahal, Chembur, Mumbai 400089.
2.
Yasmin Firoz Mohammed Tanwar Daughter of the deceased Flat No.C/803, Aaradhya One, Pestom Sagar Road No.1, G. M. Road, Near H. P. Petrol Pump, Amar Mahal, Chembur, Mumbai 400089.
3.
Misba Firoz Mohammed Tanwar Minor Daughter of the deceased Flat No.C/803, Aaradhya One, Pestom Sagar Road No.1, G. M. Road, Near H. P. Petrol Pump, Amar Mahal, Chembur, Mumbai 400089.
3.
No other Petition for Legal Heirship Certificate, Succession Certificate, Probate or Letters of Administration with or without Will annexed has been filed. Therefore, there is no impediment in law to the grant of relief.
3 23-MPT 140-22.doc 4.
The Miscellaneous Petition is therefore made absolute in terms of prayer clause (a) of the Miscellaneous Petition, which reads as under :- "(a) That a Legal Heirship Certificate be issued under the provision of Bombay Regulation Act VIII of 1827 certifying that (1) Shamim Banu Firoz Mohammed Tanwar, (the Widow of the Deceased and the Petitioner herein), (2) Yasmin Firoz Mohammed Tanwar (the Daughter of the Deceased) and (3) Misba Firoz Mohammed Tanwar (the Minor Daughter of the Deceased) are the only heirs and legal representatives of the Deceased abovenamed "
5.
The Registry shall issue the Legal Heirship Certificate in the name of the above persons in the standard format prescribed for the same. 6.
Miscellaneous Petition is accordingly disposed of. No order as to costs.
7.
All concerned to act on the authenticated copy of this order. (ARIF S. DOCTOR, J.)